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2023 Supreme(Gau) 1246

SUSMITA PHUKAN KHAUND
Partha Saha, S/o. Sri Guru Das Saha – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D. Saikia.

JUDGMENT :

Heard Mr. S.M. Abdullah P., learned counsel for the petitioner and Mr. R.R. Kaushik learned Additional Public Prosecutor, for the State of Assam.

2. The petitioner has filed his application under Section 482 of the Code of Criminal Procedure 1973 (‘CrPC’, for short), seeking quashing of the entire criminal proceeding of G R Case No. 5418 of 2016, arising out of Barpeta Road PS. Case No. 452 of 2016, registered under Sections 420/376/120(B)/323/506/34 of the Indian Penal Code (IPC for short) and also the charge sheet being C S No. 286 of 2016 dated 31.12.2016. The case is pending in the Court of the learned Chief Judicial Magistrate (CJM for short) at Barpeta. The State of Assam and the informant are arrayed as respondent No. 1 and respondent No. 2 respectively.

3. The FIR unfolds that for the last three years, since 22.10.2016, the informant X was in love with the petitioner Sri Partha Saha. The petitioner induced the informant into physical relationship with false promises of marriage. On 16.10.2016, the petitioner took the informant to Guwahati, promising to marry her at Kamakhya Mandir and he kept her in Assam Lodge, by introducing themselves to be husband and wife. On t

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