Joymalya Bagchi, J. - (1.) It is submitted on behalf of the petitioner that the parties have since married and are living together as husband and wife.
(2.) Report is field on behalf of the investigating agency endorsing such fact be kept with the record.
(3.) Ordinarily a prayer to quash proceeding involving offence under Section 376 of the IPC is not entertained as such offence is a grave one involving the dignity of a woman. However, the profile of the instant case shows that the impugned criminal proceeding was instituted by the de facto complainant not on the allegation of forcible sexual intercourse on the victim but on the score that the petitioner had cohabited with her on the promise of marriage but subsequently had retracted therefrom. However, it appears that during the pendency of the case, parties have solemnised their matrimony. Accordingly, the substratum of the grievance of the victim as to misrepresentation vitiating her consent to sexual intercourse is rendered patently absurd and inherently improbable due to the subsequent conduct of the parties. No cogent materials have also been collected in the course of investigation with regard to the offence under Section 307 of IPC. ;