BABUL MIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HR Choudhury, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. P.P., Assam for the Staterespondent No.1. The respondent No.2 (victiminformant) is represented by Mr. FA Laskar, learned counsel.

(2.) The respondent No.2 of the present petition had an affair with the accusedpetitioner Babul Mia since years together and on many occasions they indulged in physical relation and the accusedpetitioner also assured her of marriage. But subsequently on the marriage proposal given by her, he disagreed and on 30.12.2017, at night, the accusedpetitioner again raped her and fled away. With the aforesaid allegation, the respondent No.2 filed an FIR before the O.C. of Karimganj Police Station, on the basis of which the Karimganj P.S. Case No.11722017, us.417 376 of the IPC was registered and the case resulted in the charge sheet on 31.08.2018

(3.) At this stage, the accusedpetitioner filed the present petition under Section 482 CrPC, with a prayer for quashing of the aforesaid FIR as well as the entire proceeding against him on the ground that the case was filed due to misunderstanding and out of such affair between the parties, they solemnized their marriage socially as on 02.01.2018, immediately after lodging of the FIR and thereafter they are leading a peaceful marital life and by this time they are also blessed with a girl child. Accordingly a prayer has been made that further continuance of the Criminal proceeding will be detrimental to their marital life and the FIR was filed due to misunderstanding and the same should be quashed and set aside in the interest of justice and fair play. In support of the contention, the petitioner has annexed the Marriage Certificate vide Annexure-4, which was registered in office of the Muslim Marriage Registrar and Quazi (Sadar), District Karimganj, dated 15.01.2018, showing the date of marriage as 02.01.2018. Annexure-5 is the birth certificate of the child to the parties, born on 10.04.2019.