JUDGMENT :

1. Heard Mr. H.R.A. 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 Section 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 Sections 120B/376 of the Indian Penal Code (IPC for short) and the Charge Sheet No. 270/2021 dated 31.08.2021 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 & Nursing Home from 5th November, 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 05.02.2020, the accused No. 3 came to Guwahati for routine checkup and met the victim at Dispur Polyclinic & 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. On the insistence of the victim ‘X’ all the accused visited her house at Guwahati on 30th September, 2020 and fixed the marriage between the victim ‘X’ and the petitioner No. 1 in the month of April, 2021. Her parents made an announcement of her marriage with petitioner No. 1 and all her relatives got to know about her marriage. Her parents also incurred expenditure of Rs. 20 lacs by obtaining loans from various sources. The petitioner No. 1 also took the victim ‘X’ to his residence at Hailakandi and kept her for three days and with the help of accused Nos. 2 and 3 the petitioner No. 1 compelled ‘X’ to have physical relation during her stay at Hailakandi. When the victim ‘X’ returned home from Hailakandi, her parents asked the Accused No. 2 i.e. the petitioner No. 2 and the accused No. 3 about fixing the date of marriage between the petitioner No. 1 and the victim, then the accused Nos. 2 and 3 declined to go ahead with their marriage plans, stating that the petitioner No. 1 was still unemployed. Aggrieved by the conduct of the accused and on being cheated by them the victim ‘X’ lodged an FIR against the petitioners which was registered as Dispur P.S. Case No. 874/2021 under Sections 120B/176 IPC. The Investigating Officer conducted the investigation and submitted charge-sheet against all the three accused under the aforesaid sections of law.

4. The petitioners have admitted that they have met the victim in Dispur Polyclinic & Nursing Home when they came for treatment of accused No. 3. They admitted that the victim ‘X’ helped them during the treatment of the accused No. 3 and both the families have established a good relation as they hailed from Hailakandi. Subsequent thereto the victim’s parents proposed marriage between the petitioner No. 1 and the victim, which was however not ac