Page No.# 1/4 GAHC010101122024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./594/2024 SHAJAHAN AKAND S/O LATE NUR SADIN AKAND, R/O VILL- BASHMURA, P.S.-FAKIRAGANJ, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MAHMUDA KHATUN D/O HOSSAIN ALI R/O BASHMURA P.S.-FAKIRGANJ DIST- DHUBRI ASSAM PIN NO. 783301. AT PRESENT R/A VILL- SUNDARPARA PART-IV P.O.-AIRKATA P.S.-FAKIRGANJ DIST- DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MRS. S ROY, Advocate for the Respondent : PP, ASSAM, MR. SARFRAZ NAWAZ, AMICUS CURIAE (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 29.04.2026 Heard Mrs. S. Roy, learned counsel for the petitioner. Also heard Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam and Mr. S. Nawaz, learned Amicus Curiae representing the respondent No.2. 2. By filing the present application under Section 482 of Code of Criminal Procedure, 1973, the petitioner is seeking quashment of FIR registered as Fakiganj P.S. Case No. 125/2022 under Sections 376/294/323/506 of IPC. The further challenge made in this petition is order dated 26.09.2023 by which cognizance of offences under Sections 419/376/506 of IPC has been taken by the learned Chief Judicial Magistrate, Dhubri in PRC Case No. 1384/2023. 3. The informant lodged the FIR before the Fakirganj Police Station on the allegation that the petitioner and the informant/respondent No.2 had love affairs since about 3 years prior to the date of FIR and on the pretext of marriage, against her consent, forcibly had sexual intercourse with her multiple times. On 08.07.2022, the petitioner and the other persons named in the FIR physically assaulted her and used slang language. Although a village meeting was called but the persons named in the FIR did not turn up and sent the petitioner to some other place. 4. The material available on record shows that the informant in Fakirganj P.S. Case No. 125/2022 had filed a petition under Section 12 of the Protection of Page No.# 3/4 Women from Domestic Violence Act, 2005 before the Court of learned Chief Judicial Magistrate, Dhubri which was registered as CR (DV) Case No. 764/2022. 5. In the aforesaid petition, the informant has described her as married wife of respondent No. 1 and according to her, such marriage was solemnized as per Mahamadan Law and Shariat by executing marriage kabirnama on 21.07.2022. On the other hand, prior to that on 09.07.2022, the impugned FIR was lodged inter alia, alleging that, the petitioner had sexual intercourse with her on the pretext of promise to marry her. From the undisputed document of the DV Case (supra), it is clear that according to the informant herself, the marriage was solemnized on 21.07.2022 i.e. after lodging of F.I.R. on 09.07.2022. 6. In the case of Ajeet Singh –Vs- State of Uttar Pradesh and Ors rendered in 2024 LiveLaw (SC) 18 the Hon’ble Apex Court was seized of a similar matter wherein it was found that the allegation that the physical relationship was maintained due to false promise of marriage was without basis, as their relationship led to solmonization of marriage and therefore, the allegations made in the FIR were such that on the basis of the statements, no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused. 7. The present case, in view of the above admitted facts also stand on the same footing and therefore the present FIR as well as the subsequent criminal proceedings deserved to be quashed. 8. Accordingly, the FIR in Fakiganj P.S. Case No. 125/2022 as well as the proceedings in PRC Case No. 1384/2023 pending before the learned Chief Judicial Magistrate, Dhubri are hereby quashed. Page No.# 4/4 9. The criminal petition stands disposed of. JUDGE Comparing Assistant