BARASHA BORAH BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) With the help of this application, made under Section 482 Cr.P.C., the petitioner, who is an accused in Karimganj Police Section Case No. 483 of 2011, under Sections 120B/384/385/389/353 IPC, read with Section 66A of the Information and Technology Act, 2008, has sought to get set aside and quashed the First Information Report (in short, 'FIR'), which led to the registration of the case aforementioned. I have heard Mr. AB Choudhury, learned Senior counsel, for the accused-petitioners, and Mr. D Das, learned Additional Public Prosecutor, Assam. I have also heard Mr. N Dutta, learned Senior counsel, assisted by Mr. AM Bora, learned counsel, appearing on behalf of the informant-opposite party No. 2.

(2.) Before entering into the merit of the present application, made under Section 482 Cr.P.C., the allegations, made by the informant, in his First Information Report (FIR), need to be taken note of. The case of the informant may, in brief, be set out as under:

(3.) The petitioners seek quashing of the FIR by pointing out that the petitioner No.1, namely, Smt. Barasha Bora Bordoloi, had already made a complaint, in writing, to the Director General of Police, Assam, as far back as on ]9-05-20]], alleging to the effect, inter alia, thus: In the year 2008, the informant was Additional Superintendent of Police (Headquarter), Dibrugarh, and she (that is, the petitioner No.1 herein) was an Inspector of Excise and, in the year 2009, both she (petitioner No. 1) and the informant came, on transfer, to Tinsukia and became good friends. On 27-03-2009, the informant invited the petitioner No. 1, namely, Mrs. Barasha Borah Bordoloi to Police Guest House, Tinsukia, by making calls and through SMS, on her mobile, to have some discussion and, without any second thought, the petitioner No. 1 met the informant as requested by the informant, but after a few minutes, the informant outraged her modesty forcibly, which shocked and surprised her, but she managed to leave the premises. However, on 10-05-2009, all of a sudden, the informant, according to the petitioner No. 1, visited her residence with his PSOs, at night, on way back from Dibrugarh to Tinsukia. At that time, the petitioner No. 1 was alone at home and the informant, taking advantage of the situation, forcibly established physical relation with her by overpowering her and threatening her and, thereafter, the informant kept visiting the petitioner No. 1, at Dibrugarh, every now and then and had physical relation with her by overpowering her and, out of fear, she could do nothing. It is also alleged, in her complaint, to the Director General of Police by the petitioner No. 1 that sensing her sufferings, the informant very cleverly convinced her that whatever he had done, he had done out of love and started thereby emotionally blackmailing her to escape legal consequences and the legal actions, which could have been taken against him by the petitioner No1. The further allegations, made by the petitioner No. 1, in her complaint to the Director General of Police, Assam, read as under: