- (1.) Heard Mr. Sandipan Ganguly, the learned Advocate appearing on behalf of the petitioner, Mr. Joy Sengupta, the learned Advocate appearing on behalf of the State and Mr. Ayan Bhattacharjee, the learned Advocate appearing on behalf of the opposite party No. 2 herein.
(2.) Invoking Section 482 of the Code of Criminal Procedure the petitioner moved this application for quashing of the charge-sheet under Section 376/417/325 of the Indian Penal Code. It is submitted that the aforesaid argesheet is an outcome of a First Information Report lodged to the police by the opposite party No. 2 herein alleging that she had a love affairs with the petitioner herein and during the continuation of their such love, the petitioner induced her to cohabit with him on a promise to marry. It is further alleged that due to such cohabitation, she became pregnant but when the said fact was brought to the notice of the petitioner, he asked her to go for abortion and as complainant reminded her about her promise, the petitioner allegedly assaulted her. He further submitted that the said First Information Report was lodged on 14th of December, 2007, whereas, the parties married each other on 14th December, 2007.
(3.) It is submitted both by Mr. Ganguly and Mr. Bhattacharjee that after marriage, both the petitioner and the opposite party are living happily as husband and wife and leading their conjugal life. It is one of the submissions of Mr. Ganguly that the complaint was made against the petitioner basically on the allegation that he refused to marry the opposite party No.2. But as the marriage, soon thereafter, has been solemnised, she could not have any actual grievance against the petitioner.;