Quashing of FIR u/s 376 & 493
Since October 2013, still CS not yet submitted by the IO & no movement of the investigation. We had applied Kolkata High Court for Quash the FIR as an attempt but the Hon Judge didn’t allow the same & has given the following order..................
“The petitioner has preferred this revisional application praying for quashing the proceeding being Ghola Police Station Case No.519 of 2013 dated 29th October, 2013 pending before the court of learned Additional Chief Judicial Magistrate, 3rd Court, Barrackpore. Learned counsel for the petitioner submits that the victim girl has not undergone medical examination on several occasions and the investigation is being delayed and as such direction may be given to the investigating officer to expedite the process of investigation of the case. I have heard Mr. Basu, learned counsel appearing on behalf of the opposite party State. He submits that the petitioner has the remedy to pray for stopping the investigation after expiry of three years under Section 167(5) of the Code of Criminal Procedure as amended by the State of West Bengal.On consideration of the contents of written complaint treated as FIR, I cannot persuade myself to quash the criminal proceeding as contended on behalf of the petitioner. However, the petitioner is at liberty to move the appropriate forum under Section 167(5) of the Code of Criminal Procedure as amended by the State of West Bengal after expiry of the stipulated period for completion of investigation of such cases.
With these observations, this revisional application is disposed of.”
Kindly advise us the following:
• The above Order is favourable to the applicant?
• Is there any impact of this order on merit of the case?
• Is it possible to further apply for the quashing after submission of the CS by the IO?
• Is there any legal problem, if Palash is going to marry other girl in the month of June 2015?
• Is there any different impact on the case if we appoint a senior most counsel?
• What we have to do with this order in lower court? What should be the next step?
• Is there any other legal remedy to get discharged from the case?
(Most of you have already replied on the below)
Palash (30) & Puja (28, MA, BED) had Friendship & love relation for last 6-7 years. But when puja & her family came to Palash & family for marriage proposal, palash denied marrying the girl due to some reason. After creating some political pressure on Palash’s family, Puja lodged a FIR on 29.10.2013 against Palash with the help of some political leader. Police charged the sections 376 & 493 and started investigation. The text of the FIR was as follows:
[I am Puja of -----------------------, I have love relation with Palash for last 7 years. But now he is not ready to marry me. He has physical relation with me on the basis of promise of marriage more than one occasion. His friends (X,Y & Z etc.............) know everything. Kindly accept this letter as FIR]
In the mean time Puja declined herself for the medical test.
On 18-12-2013, Palash got anticipatory bail from the division bench of Hn. High court by 1st attempt against PR Bond. After that he has gone through the medical test & surrendered himself in local PS & lower court.
There was no pregnancy /abortion & such cases in the history of that relation. Only one occasion they both passed 2-3 hours in a hotel (3-4 years back) due to some issue. Police has copy of that hotel register. Also there are some group & couple photographs. Few of friends & some local people knew about their love relation because they used to see them but there is no such witness of the physical relation which she is blaming.
Almost one year passed but still charge sheet not yet submitted by the police. 2-3 times IO changed for this case.
Now the case is going on at lower court & Palash’s lawyer is taking the date on behalf of Palash month by month.