GAHC010217712025

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./1214/2025

IKBAL ALI AND 3 ORS.

SON OF ARSHAD ALI, VILLAGE - SARDARGAON, P.O. MADARTOLI, P.S.

DABOKA, DIST. HOJAI, ASSAM. PIN 782440

2: ARSHAD ALI

SON OF LATE RASHAN ALI VILLAGE - SARDARGAON

P.O. MADARTOLI

P.S. DABOKA DIST. HOJAI

ASSAM. PIN 782440

3: ABDUL KADIR

SON OF MAHAMMAD ALI

VILLAGE - MADARTOLI MIKIR GAON

P.O. MADARTOLI

P.S. DABOKA DIST. HOJAI

ASSAM. PIN 782440 4: SUHANA BEGUM WIFE OF IKBAL ALI

VILLAGE - SARDARGAON

P.O. MADARTOLI

P.S. DABOKA DIST. HOJAI

ASSAM. PIN 78244

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.

2:TAHIR ALI

SON OF LATE MONIR UDDIN VILLAGE - MADARTOLI MIKIR GAON P.O. MADARTOLI P.S. DABOKA DIST. HOJAI ASSAM. PIN - 78244 Advocate for the Petitioner : MR H R A CHOUDHURY, MR M Z RAHMAN,MR. K I MAZUMDER,MR J ABEDIN Advocate for the Respondent : PP, ASSAM, MR N SARMA (R-2)

BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

04.11.2025

1. Heard Mr. H.R.A Choudhury, learned senior counsel assisted by Mr. J. Abedin, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Mr. N. Sarma, learned counsel appears for the opposite party no.2.

2. This is an application under Section 528 of BNSS filed by the petitioners, namely, 1. Ikbal Ali, 2. Arshad Ali, 3. Abdul Kadir and 4. Suhana Begum, praying for quashing of proceedings of Special POCSO Case No.131/2023.

3. The learned senior counsel for the petitioners has submitted that petitioner no.1, 2 and 3 are the accused whereas the petitioner no.4 is the victim of this case.

4. It is also submitted that petitioner no.3 and 4 is the wife of the petitioner no.1 and no case has been made out against the petitioner 1, 2 and 3 as the victim girl was a major at the time of her marriage to petitioner no.1.

5. The brief facts of the case are that on 05/02/2023, the complainant, namely, Tahir Ali, S/o. Late Monir Uddin informed the police in writing that one Abdul Kadir of Modertoli Mikir Gaon gave his daughter Suhana Begum, aged 17 years 8 months marriage with one Ikbal Ali of Sardargaon. Upon receiving the information, a case vide Daboka PS Case No. 48/23, under Sections 9/10/11 of the Prohibition of Child Marriage Act read with Sections 4/17 of POCSO Act was registered and investigation started.

During investigation, though the victim furnished the Marriage Certificate but learning that the victim Suhana Begum, at minor age, eloped with Ikbal Ali and got married, as per suggestion of the higher authority of the police station, submitted the Charge Sheet u/s. 9/10/11 of the Prohibition of Child Marriage Act read with Sections 6/17 of POCSO Act.

6. The Birth Certificate of the victim/petitioner no.4 has been furnished wherefrom it appears that her Date of Birth is 30.12.2002 and therefore, the said victim had attained majority as on 30.12.2020. The FIR was lodged on

05.02.2023 but no date of occurrence has been mentioned.

7. It is submitted that the opposite party no. 2 is no way connected with the said marriage. He is a VDP Member of the village Madartoli Mikir Gaon, Daboka. The opposite party could not have lodged the instant FIR. The Govt. of Assam issued a Notification dated 05.02.2023, whereby, Gaon Panchayat Secretaries were designated as Child prohibition Officers. Thus, the opposite party no. 2 being a VDP Member was not authorized to lodge the said FIR. Moreover, the concerned police authority also could not have acted upon such FIR but in the instant case it is apparent that the concerned police authority acted so promptly that no time to produce the marriage certificate was provided.

8. Be that as it may, it appears that the victim had attained majority before the FIR was lodged and since the date of occurrence is not mentioned, there is no material to show that the victim was a minor at the time of occurrence.

9. The instant petition has been jointly preferred by the accused persons