GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 30:

1. Heard Mr. N.J. Dutta, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State and Mr. S.I. Hussain, learned counsel for the respondent No. 2.

2. The petitioners are seeking quashing of charge sheet No. 18/2021 dated 31.01.2021, for the offence under Section 493/376/354 against the petitioner No. 1 and under Section 294/354/323/307/34 against the petitioner Nos. 2, 3 and 4, who are stated to be the family members of the petitioner No. 1.

3. Pursuant to filing of charge sheet, Sessions Case No. 53/2022 is stated to be pending before the learned Additional Sessions Judge, in the district of Kamrup, Amingaon and the case is stated to be at the stage of consideration of charge.

4. On 15.10.2020, the victim as a complainant lodged a complaint before the Sub-Divisional Judicial Magistrate, Rangia against the petitioner, his mother, Gol Sehera Biwi, sister, Padumi Begum and brother, Sayedur Rahman alleging that she and the petitioner had a love relationship for last 4 years and though, the petitioner promised to marry her, he did not marry her and had physical relations with her on the pretext of marrying her. In her complaint, she also stated that the petitioner took her to his house on 16.08.2020, but the other family members of the petitioner refused to accept her and physically assaulted her. The petitioner took back the complainant and dropped her at her residence on the same day and later, the brother and the other family members of the petitioner entered into an agreement with the family members of the complainant, stating that the petitioner will marry the complainant within 2 (two) months. But as per the assurance made by the petitioner, he did not marry her after the expiry of the said 2 months from 16.08.2020. She lodged the said complaint praying before the learned Magistrate to register a case and to investigate the matter through the police personnel of Rangia Police Station and also to punish the accused persons of the case

5. The informant has been impleaded as respondent No. 2 and she has entered appearance through her learned counsel Pursuant to her appearance through her learned counsel, the informant/respondent No. 2 has filed an affidavit in which she has stated about not wanting to pursue the case. The relevant paragraphs 6 and 7 may be reproduced herein below-

"6) That at present, I am pursing my studies in law and I want to continue my studies without any burden of thoughts in respect of the instant case. Moreover, I want to pass the memories of all the incidents that had happened in the past in respect of our relationship.

7) That, therefore, I do not want to pursue the instant case further and I have decided to take back my complaint against all the accused/persons of the instant case as same was filed in a fit of rage and during the course of our painful breakup."

6. During investigation, the statement of the informant/victim was recorded before learned JMFC. I have perused the said statement in which she stated about her relationship with the petitioner No. 1 for four years followed by elopement in August, 2020. It has also emerged from the statement about her relationship, graduating into physical relationship, but that, she agreed for the same as the petitioner No. 1 promised to marry her, but subsequently stopped contact with her.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfHbPLkTca6XdSc2BO5VcenicCGLuhL25z4IYrK7vYJ2v&caseno=Crl.Pet./1341/2022&cCode=1&cino=GAHC010268452022&state_code=6&appFlag=)

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