SAMARPAN SHARMA Vs. INDRANI DAS

JUDGEMENT

(1.) The petitioner is the accused of GR Case No.745 of 2022 arising out of Mayureswar Police Station Case No.104 of 2020 dtd. 6/8/2020 under Sec. 376(1)/417 of the Indian Penal Code corresponding to GR Case No.745 of 2020.

(2.) On 6/8/2020 the prosecutrix lodged a written complaint against the petitioner alleging, inter alia, the she was acquainted with the petitioner since 2018. The accused cohabited with her for many times on false promise of marriage. After such cohabitation the defacto complainant requested him to marry her. The relatives of the defacto complainant also talked to the relatives of the accused and they agree to fix the date of marriage of the petitioner with the defacto complainant. On 4/8/2020, the father of the defacto complainant requested the relatives of the petitioner to fix the date of her marriage with the petitioner. At that time the relatives of the petitioner flatly refused to give marriage of the petitioner with the defacto complainant. When the defacto complainant went to the house of the petitioner, her father and sister physically assaulted her. On the basis of the said complaint police registered Mayureswar P.S Case No.104 of 2020 dtd. 6/8/2020 under Sec. 376(1)/417/323 of the IPC against the petitioner, his father and daughter.

(3.) On completion of investigation police submitted charge-sheet against the petitioner under Sec. 376(1)/417 of the IPC.