Asim Kumar Mondal, J. - (1.) THIS is an application under Section 401, 482 of the Code of Criminal Procedure praying for quashing the criminal proceedings being Ghola Police Station Case No. 66 of 2011 dated February 22, 2011 under Section 493, 376, 420 of the Indian Penal Code in which on September 20, 2011 learned Additional Chief Judicial Magistrate at Barrackpore, North 24 Parganas was pleased to take cognizance of the offence being G.R. Case No. 698 of 2011. The case of the petitioner in short is that the respondent lodged one complaint against the petitioner which was registered as Ghola P.S. Case No. 66 of 2011 dated February 22nd, 2011 under Section 493 /376 /420 of the Indian Penal Code. The respondent alleged that she is a school teacher. Affairs developed in between her and the present petitioner since 2008. The petitioner promised and assured to marry the respondent and taking the advantage of said relationship as well as the weakness of the respondent, the petitioner developed physical relationship with the lady. It is further alleged that on the plea of said promise of marry the petitioner time to time took money from the respondent and finally as and when the marriage of the respondent was settled with some other person but respondent refused the said proposal of marriage with a hope that the petitioner would marry her. The petitioner on the contrary refused to marry her and threatened her with a dare consequences, if the respondent disclosed the matter and relationship to anybody else.
(2.) ON the said complaint police registered G.R.P.S. Case No. 66 of 2011 dated 22nd February, 2011 and investigated into the matter. During investigation police examined some witnesses and also recorded the statement of the victim lady under Section 164 of Criminal Procedure Code. On conclusion of the investigation police submitted charge sheet. Learned Additional Chief Judicial Magistrate being satisfied with the materials available on record took cognizance of the offences.
(3.) BEING aggrieved and dissatisfied with the said order of taking cognizance by the additional Chief Judicial Magistrate, present application has been filed by the petitioner praying for quashing of criminal proceedings on the grounds that the ingredients of the offence under Section 493, 376, 420 of the Indian Penal Code has not been made out and learned Additional Chief Judicial Magistrate mechanically took cognizance of those offences. Further that the opposite party is an assistant teacher of a school and it was held that if a fully grown girl consented to act sexual intercourse with a promise of marriage, it is an act of promiscuity. So, ingredients of the offence under Section 376 of the Indian Penal Code has not been made out. Further that the ingredients of Section 493 of the Indian Penal Code also has not been made out as there was no fake marriage took place between the parties. So, there was no ingredients of Section 420 of the Indian Penal Code.;