GOLAM MOHINUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been filed by the petitioner under sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing of the proceeding in G.R Case No. 220 of 2019, arising out of Arambagh Women Police Station Case No. 10 of 2019 dtd. 26/2/2019 under sec. 376/417/506 of the Indian Penal Code, pending before Learned Additional Chief Judicial Magistrate, Arambagh, Hooghly and for quashing of charge sheet being no. 29 of 2019 dtd. 31/5/2019.

(2.) A brief profile of the prosecution case, which gives rise to this revisional application is that the de facto complainant (whose name is withheld and herein after referred to as the prosecutrix) lodged an FIR before Arambagh Police Station on 26/2/2019 disclosing that she is an helpless lady residing at her aunt's house at Kajipara, Arambagh with two minor children after dissolution of her marriage. She is a tailor and works in a shop to maintain her minor children. The prosecutrix met Golam Mohinuddin a resident at Miya Para, Arambagh at her tailoring shop and in course of time developed a love affair with him. The accused person was fully acquainted about the earlier marriage of the prosecutrix and her two minor children from her first marriage. The accused person on false promise to marry her and with an assurance to take care of her children developed a relationship with her for one and half years and cohabited with her at different places and also in her aunt's house at Kajipara. When the prosecutrix asked the accused to marry her, he avoided the marriage on various pretext. On 2/2/2019 the accused called the prosecutrix for her to sign on Kabilnama and when she reached the place the accused person along with five to six persons threatened her not to create pressure upon him to marry her otherwise they would commit gang rape on her and transport her to Uttar Pradesh. On such threat the accused person obtained her signature on a stamp paper on the pretext that she has taken money from him. Further case of the prosecutrix is that when she tried to contact the accused over telephone and asked him about her future, the accused person finally refused to marry her on 24/2/2019 and also assaulted her physically.

(3.) The petitioner/accused has filed this application for quashing of the proceeding and the charge sheet in Arambagh Women Police Station Case No. 10 of 2019 on the grounds inter alia, that the petitioner is a day laborer and aged 32 years whereas the de facto complainant is a divorcee woman with two children, aged 34 years and an employee in a tailoring shop.