Gauhati High Court
Shajahan Akand vs The State Of Assam And Anr on 29 April, 2026
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GAHC010101122024
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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)
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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
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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.
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9. The criminal petition stands disposed of.
JUDGE
Comparing Assistant
