Page No.# 1/5 GAHC010242852023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1164/2023 DILIP KUMAR MALAH D/O LATE DINESH PRASAD MALAH R/O VIL- CHANDKHIRA P.S. PATHARKANDI, DIST. KARIMGANJ, ASSAM PIN-788725 VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE LD. PP, ASSAM 2:RAJESHORI SAHANI D/O MR. JIMDHAN SAHANI R/O VILL- DIDARKUSH GRANT P.S. LAKHIPUR DIST. CACHAR ASSA Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR. S SARMA,MR D DAS,MR. C CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, MR V K BAROOAH (R-2),MR. K K DEY (R-2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22.10.2025 Heard Mr. J. Roy, learned Senior Counsel assisted by Mr. S. Sarma, learned Page No.# 2/5 counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State and Mr. K.K. Dey, learned counsel appearing on behalf of the informant/ alleged victim girl who has been impleaded as respondent No.2 herein. 2. The petitioner Mr. Dilip kumar Malah has invoked the provisions of section 482 Cr.P.C read with section 397/401 Cr.P.C, 1973 (as it existed than) for quashing charge-sheet No. 29/2023 dated 28.02.2023, which was submitted against the petitioner under Sections 493/376 of IPC read with 4 of the POCSO Act - after completion of the investigation in Lakhipur P.S. Case No. 16/2022 which was registered placed on an FIR dated 18.01.2022 lodged by the informant. The petitioner is also seeking quashing of the order dated 08.09.2023, passed by the learned trial Court (learned Additional Sessions Judge cum Special Judge, Cachar, Silchar) in the Special (POCSO) Case No. 22/2023 whereby the charge has been framed against the petitioner under section 6 of the POCSO Act and in the alternative charge has been framed under section 376 IPC. 3. The allegations in the FIR was that in January, 2019 the informant developed a love affair with the accused and that time she was a minor and that the accused had sexual intercourse against her will and raped her by assuring that he will marry her. It is alleged that subsequently despite her telling several times, he did not keep his assurance of marriage and when the matter was informed to the family of the accused also, the family members misbehaved with them and threatened to leak some objectionable photos. The case was registered as Lakhipur P.S. Case No. 16/2022 under section 493/376 read with section 4 of the POCSO Act. After investigation of the case resulted in the Page No.# 3/5 charge-sheet dated 28.02.2023 against the accused under Section 493/376 IPC R/W Section 4 of POCSO Act. Subsequently vide order dated 08.09.2023 charge was framed under Section 6 of the POCSO with an alternative charge under Section 376 IPC. 4. The learned Senior counsel for the petitioner has drawn my attention to bail order in which the informant had submitted a no objection, stating that the FIR was lodged due to some misunderstanding. My attention was also been drawn to a copy of the medical report indicating that the age of the informant/victim to be above 18 years, along with finding of no evidence of recent sexual intercourse nor any injury on private parts. 5. The scanned TCR has been received and relevant portions perused. The learned Addl. P.P, appearing for the state submits that during the investigation the original birth certificate of the victim was seized vide seizure-list (MR) No. 19/2022. A copy of the said birth certificate is also available in the scanned TCR indicating birth certificate bearing No. 751/2025 and indicating the date of birth therein 13.04.2023. In this context the learned Additional P.P. submits that assuming alleged incident took place in January, 2019 the victim was aged approximately 16 years at that time and consequently a minor and therefore, any sexual intercourse with her with affect the penal provisions of the POCSO Act. 6. The learned Addl. P.P. submits that trial should be allowed to proceed. Mr. Dey, learned counsel appearing for the informant submits that it is a continuing offence and he has no instructions or information about any settlement between the informant and the accused. Page No.# 4/5 7. I have perused the statement of the father and brother of the victim recorded during investigation by the police. During investigation, the statement of the victim girl was also recorded before the learned JMFC; her statement is available in the record and the said statement the lend support to the allegations and the learned Additional P.P has rightly contended that in the said statement the victim as stated about the accused committing sexual intercourse with her in 2020 as well as 2021. Though charges have been framed and the case is admittedly at in trial, though it is not clear as to how many witnesses have been examined. 8. As per well settled of law, the quashing of an FIR would be justified it the allegations taken in their entity do not make out any offence. Further, charge- sheet filed pursuant to an investigation would be fit to be quashed if the investigating officer has sent up the accused on for without sufficient materials. In the instant case, while the FIR on its face thus make out an offence from; the materials perused and the submissions of the prosecution considered, it cannot also be said that the Investigating Officer was not justified in filing the charge- sheet against the accused persons. It is specially so keeping in mind the nature of the statement of the victim girl recorded before JMFC during investigation. On the basis of these materials collected during the investigation including birth certificate pointed out by the learned Prosecution, the statement of the victim girl recorded before the learned Magistrate. It cannot be said either that the learned trial Court was not justified at all in framing charges against the accused. Thus in the given facts and circumstances and in view of the above discussion, I do not find sufficient merits for quashing the FIR, Charge-sheet and the order of framing charge in the instant case and therefore, the instant criminal instant petition stands dismissed and disposed of in the aforesaid Page No.# 5/5 terms. 9. Any observation made herein is only for the purpose of adjudicating this criminal petition and shall not be taken to be expressing any opinion whatsoever on the merits of the case pending for trial. JUDGE Comparing Assistant