JUDGMENT :

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. M. Ahmed, learned counsel for the respondent victim and Ms. S.H. Bora, learned Additional PP, Assam.

2. The present application is filed under Section 482 of the Cr.P.C. praying for quashing and setting aside the proceeding initiated on the basis of Dalgaon Police Station Charge-sheet No. 227/2022 dated 31.08.2022 and the corresponding proceeding of Sessions case No. 238 (DM) /2022 under Section 376/406 IPC.

3. Perused the material available on record including the FIR and the statement of the victim girl recorded under Section 164 Cr.P.C. as well as her testimony before the learned court below.

4. From the FIR, the following averments are discernible :

I. The present petitioner and the victim had love affair since their childhood and with promise to marry, the accused had sexual intercourse with her.

II. Though the accused promised to marry her, however, he went to Saudi Arabia in connection with his job and continued to maintain his relation through phone and promised that he will marry her after returning from Saudi Arabia.

III. After returning from Saudi Arabia, on 13.07.2022, the accused persons inc