SUVA SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings in connection with New Jalpaiguri Police Station Case No.1357 dated November 18, 2020 under Ss. 376/417 of the Indian Penal Code giving rise to GR Case No.5043 of 2020 wherein charge sheet has been submitted vide Charge Sheet No. 03 dated January 13, 2021 under Ss. 376/417 of the Indian Penal Code now pending before the Court of the learned Chief Judicial Magistrate, Jalpaiguri.

(2.) The petitioner's case in short is that the defacto complainant filed the present case being New Jalpaiguri Police Station Case No.1357 dated November 18, 2020 under Sec. 376/417 of the Indian Penal Code, against the petitioner who is the husband of the complainant/opposite party no.2. They were married on December 1, 2014 according to Hindu Rights and Customs. It was alleged in the written complaint that about five years ago (that is in the year 2015) the petitioner and the defacto complainant built up a relationship of love and affection. It is further alleged that the petitioner tempted and promised the complainant to marry her. Since then, the petitioner on various occasions took the complainant to different places and they indulged in physical relationship. Subsequently, after four years, the complainant became pregnant and gave birth to a girl child. The complainant requested the petitioner to marry her but he refused to introduce her and their daughter. Moreover, after eight months of the said incident, the petitioner refused to keep any contact with the complainant and fled away. Subsequently, it came to knowledge of the complainant that the petitioner was staying at Siliguri with an unknown lady. After that the complainant and her family went to the petitioner's residence, and the petitioner abused the complainant verbally as well as physically.

(3.) The petitioner states that out of the said marriage between him and the complainant/opposite party no.2, one female child was born who was named "Jui Santra" and presently she is aged about 5 years and 6 months.