ORDER :

PARTHIVJYOTI SAIKIA, J.

Heard the learned counsel, Mr. M. K. Das for the petitoner. Also heard Ms. S. Jahan, learned Addl. P.P. for the State of Assam.

2. This is an application, filed under Section under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing the F.I.R. No. 283/2019, dated 18.06.2019, filed against the petitioner in connection with Kokrajhar P.S. Case No. 283/19, dated 18.06.2019, under Section 376 of the IPC.

3. On 18.06.2019, the informant had lodged one F.I.R. before the Police alleging that the petitioner had physical relationship with his 30 years old daughter on a promise of marriage.

4. Today, I have gone through the Case Diary. I find that the victim girl was a consented party to the act of the petitioner. Now the question arises whether the said act amounts to Section 375 of the IPC.

5. The learned counsel Mr. Das has relied upon the decision of the Hon’ble Supreme Court in the case of Pramod Suryabhan Pawar vs. State of Maharashtra and Anr, rendered in (2019) 9 SCC 608. Paragaraph-16 of the judgment reads as under:

“16. Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to