TAREK AZIZ LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned Senior Counsel for the petitioners assisted by learned counsel Ms. S.B. Choudhury. Also heard Mr. R.R. Kaushik, learned Addl. P.P. for respondent No. 1 and Mr. S.B. Laskar, learned counsel representing respondent No. 2.

(2.) The petitioners have filed an application under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) with prayer for quashing the FIR being Dispur P.S. Case No. 874/2021 (G.R. Case No. 3820/2021) under Ss. 120B/376 of the Indian Penal Code (IPC for short) and the Charge Sheet No. 270/2021 dtd. 31/8/2021 as well as the proceedings in the G.R. Case No. 3820/2021. The petitioners in this case are [1] Tarek Aziz Laskar @ Tarik Ali Laskar and [2] Nurul Islam Laskar. The victim, respondent No. 2 will also be referred to as 'X'.

(3.) The genesis of the case was that the victim 'X' lodged an FIR against the present petitioners and a third accused namely Rahima Begum Laskar. The victim embarked upon her duty as an Office Assistant in Dispur Polyclinic and Nursing Home from 5/11/2019. She got acquainted to the petitioner No. 1 through social media, Facebook. The petitioner No. 1 pursued her and he also introduced her to his parents who are arrayed as Accused Nos. 2 and 3 in the FIR. There was a discussion between the victim's parents and the parents of petitioner No. 1 regarding marriage between the petitioner No. 1 and the victim 'X'. The petitioner No. 1's parents also met the victim in the hospital and the victim also visited them at 'Dispur Lodge'. Again on 5/2/2020, the accused No. 3 came to Guwahati for routine checkup and met the victim at Dispur Polyclinic and Nursing Home. Thereafter the petitioner No. 1 took the victim 'X' to Dispur Lodge for fixing the date of their marriage. The Accused No. 3 was ailing and the victim 'X' introduced the accused to a Doctor and the victim 'X' helped to provide treatment to the accused No. 3. It is further alleged through the FIR that the petitioner No. 1 in a tacit manner took her to Dispur Lodge for discussion of her marriage and forcefully had physical relation against her will and asked her not to divulge the incident.