HASIBUDDIN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revision has been preferred, praying for quashing of Dankuni Police Station Case No. 28 dtd. 19/3/2009, under Ss. 493/376/313/109 of the Indian Penal Code being GR Case no. 208/2009, pending before the Learned Additional Chief Judicial Magistrate at Serampore District ' Hooghly, in respect of the petitioner.

(2.) The petitioner's case is that the Opposite Party No.2 filed a Written Complaint against petitioner No. 1's son by alleging that his father (petitioner no. 3) along with petitioner No. 2, had given a marriage proposal to the father of opposite party no. 2. Thereafter as per the allegation made by the opposite party no. 2, petitioner no. 1's brother took this opportunity and started a relationship with opposite party no. 2 and raped her several times on the proposal of marriage. After that according to the opposite party no. 2 she had conceived a child, which ended in a miscarriage. As alleged by the opposite party no. 2, the petitioner no. 1's brother subsequently denied to marry her and so she lodged a written complaint and on the basis of the written complaint FIR being no. 28/09 dtd. 19/3/2009 was started under Ss. 493/376/313/109 of the Indian Penal Code.

(3.) It is submitted by the petitioner that the opposite party no. 2 herein liked the petitioner's no. 1's brother and proposed to him but when he denied her proposal, she lodged the false complaint against the petitioner's brother and that she never miscarried as alleged because they never co-habited. And that's the reason the opposite party no. 2 never produced the medical certificate regarding the miscarriage.