JUDGMENT :

1. Heard Mr. AK Purkayastha, learned counsel for the petitioner. Also heard Mr. MP Goswami, learned Additional Public Prosecutor, Assam and Mr. J Ahmed, learned counsel for the respondent No. 2.

2. The present application is filed under Section 482 Cr.P.C. praying for quashing of criminal proceeding being GR case No. 713/2017 registered under Section 493/376/420/34 IPC.

3. The prosecution was launched on the basis of FIR lodged by the informant/ respondent No. 2 before the learned Court of CJM, Morigaon, which in turn forwarded to the O/C, Laharighat PS for registering a case under appropriate section. Accordingly, Laharighat PS case No. 103/2017 under Section 493/376/420/34 IPC was registered.

4. The averments made in the FIR are to the following facts:

I. The informant is the sister-in-law of the accused/ petitioner.

II. Taking opportunity of illness of her elder sister, the accused/ petitioner promised to marry her since last three years.

III. Taking advantage of such promise, the accused had sexual intercourse with her against her will.

IV. The accused promised that marriage will be solemnized in the Month of May, 2016. However, in the month of May, 2016, marriage was not so