Calcutta High Court quashes FIR against trans rights activist booked for helping transwoman escape from her home

The Calcutta High Court last week came to the rescue of a transgender rights activist who was booked for allegedly kidnapping a transwoman, whom he had helped to escape the constant 'harassment and torture' meted out to her by her family [Avinaba Dutta vs State of West Bengal]..Justice Prasenjit Biswas quashed the First Information Report (FIR) lodged against one Avinaba Dutta, who claimed to be a frontline worker and a researcher working with the transgender community for a long time.The Court granted Dutta relief after a lawyer appearing for the transwoman who was allegedly kidnapped informed the Court that she was, in fact, rescued by Datta. The counsel highlighted that his client left her house voluntarily and that she was presently residing in Bengaluru."It is brought to the notice of the court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused persons would be harassed unnecessarily if the trial is allowed to linger when prima facie it appears to court that the trial would likely to be ended in acquittal. There is neither any case of abduction nor kidnapping prevails with regard to the petitioners as the transwoman left home voluntarily by her own choice," the Court held.Therefore the bench quashed the FIR lodged against the petitioner on October 22, 2022..The Court was told that the transwoman had earlier informed Dutta that she was being tortured, both mentally and physically by her family and neighbours.She had expressed her wishes to pursue her career and live an independent life but her family members allegedly detained her forcefully and also prohibited her from pursuing her career.On September 7, 2022, the transwoman is said to have told Dutta that she wanted to leave her home. Dutta and members of the West Bengal Transgender Development Board advised the transwoman to intimate her decision to the local police in Matelli town. She did write a letter to the Matelli Police Station. However, the police officers informed about the same to her family members.Therefore, although the transwoman left her home voluntarily, a complaint was later lodged by her family against Dutta, accusing him of kidnapping her..This case has now been quashed by the High Court. The judge said that for proving an offence punishable under Section 365 (kidnapping) of the Indian Penal Code (IPC), it is essential that there should be abduction. If no abduction is there, the offence under Section 365 is not made out, the Court said, while quashing the criminal case. .Advocates Sremoyi Mukherjee and Esha Acharya appeared for Dutta.Advocate Kaushik Gupta appeared for the transwoman.Additional Public Prosecutor Aditi Shankar Chakraborty along with advocate Abhijit Sarkar represented the State..[Read Order]