Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 25 June, 2025
Page No.# 1/5
GAHC010118022024
2025:GAU-AS:8604
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./690/2024
SOFIKUL ISLAM AND ANR
S/O MD. ABDUL MATALEB, R/O VILL- CHENIMARI, P.O.-LANGLA, P.S.-
KALGACHAI, DIST- BARPETA, ASSAM, PIN-781319
2: PARBINA KHATUN
W/O SOFIKUL ISLAM
R/O VILL- CHENIMARI
P.O.-LANGLA
P.S.-KALGACHAI
DIST- BARPETA
ASSAM
PIN-78131
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:RAKHMAN ALI
C/O NAZRUL HAQUE
R/O HELIPAD
TRINAYAN NAGAR
HOUSE NO. 33
BASISTHA
KAMRUP (M)
ASSAM
PIN-78102
Advocate for the Petitioner : G UDDIN, P ADHIKARI,MR A K AZAD
Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, AMICUS CURIAE (R-2)
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 25.06.2025
Heard Mr. A. K. Azad, learned counsel appearing for the
petitioners. Also heard Mr. D. P. Goswami, learned Additional Public
Prosecutor appearing for the state respondent and Mr. N. Mahajan,
learned Amicus Curiae appearing for the respondent No.2/informant.
2. By way of this joint petition, the petitioners are seeking
quashing of F.I.R, charge sheet vide No.99/2023 dated 05.04.2023
registered under Section 376(2) I.P.C read with Section 6 of the
POCSO Act, read with Section 9 of the Prohibition of Child Marriage
Act, and subsequent proceedings of the Sessions (Special) Case
No.67/2023 arising out of Basistha P.S. Case No.61/2023, pending in
the court of Additional District and Sessions Judge (Special POCSO)
Kamrup (M).
3. The brief facts of the case are that on the basis of a complaint
lodged by the respondent No.2/informant to the effect that a married
couple, namely Sofikul Islam and Victim X (petitioner Nos. 1 & 2) is
residing in the rented house at Basistha, Guwahati for the last 3
(three) months, and as per his information, their parents forcefully
organized a marriage at her husband’s village in Senimari under
Barpeta by a local Kazi of the said village. Accordingly, a case was
registered as stated above.
4. Upon completion of the investigation, charge sheet was
submitted, whereafter the trial commenced.
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5. It is the specific case of the petitioners that the petitioner
No.1 and the victim/petitioner No.2 are husband and wife and are
living peacefully as a couple, and that the allegation made in the
complaint are totally false. Accordingly the present joint criminal
petition for quashing the said proceedings has been filed.
6. Mr. A. K. Azad, learned counsel appearing for the petitioners,
submits that the victim girl had attained majority at the time of
marriage, and accordingly, no case under the POCSO Act as alleged is
made out. He further submits that they both voluntarily married each
other as per the rituals and since they have been living peacefully in
their conjugal life. He further submits that the victim girl has also filed
an additional affidavit before this court to depose that she was a major
at the time of the marriage and that out of their said wedlock, a girl
child has also been delivered.
7. Mr. N. Mahajan, learned Amicus Curiae appearing for the
respondent No.2/informant draws the attention of this court to the
affidavit, which was filed by the petitioner No.2/victim pursuant to the
order dated 16.05.2025 passed by this court, wherein she has
categorically averred that she was a major at the time of marriage and
that she has voluntarily married the petitioner No.1 and out of the said
wedlock a baby girl has also been born and she is peacefully living
with him.
8. I have heard the learned counsel appearing for both the
parties and perused the material available on record.
9. Apt to reproduce the relevant paragraph of the additional
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affidavit filed by the victim/petitioner No.2 as per the direction of this
court passed on 16.05.2025:-
“2. That with the help of my engaged counsels I have understood the
contents of order dated 16-05-2025 passed by this Hon’ble court and
states as under-
(a) That on 02.07.2022 I got married with the petitioner No.1. Our
marriage was solemnized socially by following Islamic rities/rituals
in presence of both side parents/guardians. My date of birth is
01.01.2004 accordingly on the day of marriage I was aged about 18
years 6 month 1 day. Since the date of marriage to till date I am
continuing my conjugal life peacefully with the petitioner No.1 l.e. my
husband and out our said wedlock on 31.02.2024 almighty blessed
us with a baby girl namely Safrin Ahmed.
(b) That the allegations as narrated in the FIR, are not correct at all.
The informant who is not belongs to our family as well as not known
by our family. He lodged this case falsely without proper
information. In fact there is no forceful marriage or marriage by
inducement and at the time of marriage I was not minor. As such my
husband has not committed any offences as narrated in the FIR.
(c) That due to registration of above case lead to a situation to
disturb me and the petitioner No.-1 to continue the conjugal life and
being so faced the situation, I also approached this Hon’ble Court for
quashing the case.
(d) That under the above facts and circumstances, I have approached
this Hon’ble court by filing instant petition for appropriate relief.”
10. Reading the aforesaid paragraph, it appears that the
petitioner No.2/victim and the petitioner No.1 got married on
02.07.2022 and their marriage was solemnized as per Islamic
rites/rituals in the presence of both sides parents/guardians. It further
appears that the date of birth of petitioner No.2 on the day of
marriage was about 18 years 6 months 1 day. It further appears that
since the date of marriage till date, they both are continuing with their
conjugal life peacefully, and out of their said wedlock on 31.02.2024,
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they were blessed with a baby girl. It further appears that the birth
certificate of the aforesaid child is also enclosed as Annexure-8 to the
additional affidavit.
11. It further appears that the petitioner No.2/victim has
categorically denied the allegation of forceful marriage or marriage by
inducement and that at the time of marriage she was a minor, as
alleged by the respondent No.2/informant, who is stated not to belong
to their family or be known to them.
12. Considering the averments made in the aforesaid affidavit,
this court, in the interest of justice, is of the unhesitant view that
further continuation of the criminal proceedings against the petitioner
No.1 is not justified.
13. Accordingly, the F.I.R. charge sheet vide No.99/2023 dated
05.04.2023 registered under Section 376(2) I.P.C read with Section 6
of the POCSO Act, read with Section 9 of the Prohibition of Child
Marriage Act, and subsequent proceedings of the Sessions (Special)
Case No.67/2023 arising out of Basistha P.S. Case No.61/2023 are
hereby set aside and quashed.
With the above observation and direction, the criminal petition
is allowed and disposed of.
JUDGE
Comparing Assistant