Decided on February 05,2021



Akil Kureshi,J. - (1.) Petitioner-original accused has prayed for quashing of an FIR dated 12th April, 2019 lodged by the respondent No.2 herein before Superintendent of Police, Gomati as well as the charge sheet filed by the police upon completion of investigation pursuant to the said FIR.
(2.) Brief facts are that the petitioner is a Senior Manager of ONGC Tripura Power Corporation Limited ('OTPCL', for short). The complainant was also an employee of the said Corporation but at a much junior level. She lodged the said FIR against the petitioner in which she had made following allegations: She admitted that there are photographs where she and the accused are seen together; in some of which the wife of the accused and other family members are also there. She stated that she and the accused were spending conjugal relationship with each other and spending time together and behaving like a married couple since September, 2015 till recently. All the employees of OTPCL also knew about their relationship. During the entire period from September, 2015 till 6th April, 2019, she and the accused were spending time together as a married couple, however, the accused being already married and having a son, her position was like a mistress. She also knew that the accused was not going to leave his family and accept her as his wife. She had accepted the said position because the accused had spent close to 20 lakhs of rupees for her higher studies, for her psychological therapies and also for her business. She continued to bear her own living expenses herself. Sometimes, the accused would help her in these matters also. She further stated that the accused was living with his wife, son and parents. She desired to meet his parents and that the accused should disclose to them about their relationship. Except his family members, everyone else knew about the relationship and that they were living together out of free will, 'with no false promises to be taken by him, for marrying me'. According to her, she was informed by the accused that his wife was mentally sick, had no money and therefore, would not be able to take care of herself if divorced. Even considering his son's life he would not divorce his wife. On 4th April, 2019, she asked the accused to take her to his house to meet his parents and wife and son and to disclose them about their relationship which he refused. She ultimately approached a police station where upon the accused and his father came to the police station and abused her. After this incident, the accused has stopped communicating with her and has blocked her communications.
(3.) This is the gist of the complaint filed by the respondent No.2. The police carried out the investigation and filed a charge sheet in which the petitioner has been charged with commission of offences punishable under Sections 376, 419 and 354A(3) of Indian Penal Code (IPC). Under these circumstances, the petitioner has challenged the FIR and the charge sheet.;

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