JUDGMENT : KAUSHIK GOSWAMI, J. Heard Mr. M. Ali, learned Counsel appearing for the petitioner. Also heard Mr. Sarfaraz Nawaz, learned Amicus Curiae, appearing for the respondent No.1/informant and Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application is filed under Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as the “Cr.P.C.”) seeking quashing of the F.I.R., registered as Tezpur P.S. Case No. 949/2022 dated 02.09.2022 under Sections 420/376 of the Indian Penal Code (hereinafter referred to as “IPC”) and the Charge-Sheet No.1038/2022 , dated 30.12.2022 , pending before the learned Chief Judicial Magistrate, Sonitpur, Tezpur 3. The brief facts of the case are that the respondent No.1/informant lodged an ejahar before the In- Charge of Bebejia Police Outpost on 02.09.2022, alleging, inter alia, that on 13.08.2022 at about 8 am, while she was going to Bihuguri H.S. School from her house, she met the petitioner/accused at Bandarmari. The petitioner/accused then forcefully lifted her on his bike and took her to Tezpur town, where with an inducement of marriage, he raped her forcefully in a hotel room. Thereafter, at about 7 pm, the petitioner/accused dropped the respondent No.1/informant in front of her sister’s house at Ghoramari Bamungola and fled away. 4. On receipt of the ejahar, the In-Charge of Bebejia Police Outpost made a G.D. Entry vide GDE No.21, dated 02.09.2022, and forwarded the same to the Officer-in-Charge of Tezpur Police Station. Accordingly, Officer-in- Charge of Tezpur Police Station registered a case vide Tezpur P.S. Case No.949/2022, under Sections 420/376 of the IPC. After registration, police started investigation and on completion of investigation, the Officer-in-Charge of Tezpur Police Station submitted Charge-Sheet against the petitioner/accused before the Court of learned Chief Judicial Magistrate, Sonitpur, Tezpur being Charge-Sheet No.1038/2022 dated 30.12.2022 under Sections 376/420 of the IPC. Aggrieved by the aforesaid, the present criminal petition has been filed seeking quashing of the F.I.R., and the Charge-Sheet. 5. Mr. M. Ali, learned counsel appearing for the petitioner, submits that the allegation of sex is consensual, and therefore, no offence under Section 376 of the IPC is made out. Aggrieved by the aforesaid, the present criminal petition has been filed seeking quashing of the F.I.R., and the Charge-Sheet. 5. Mr. M. Ali, learned counsel appearing for the petitioner, submits that the allegation of sex is consensual, and therefore, no offence under Section 376 of the IPC is made out. He further relies upon the decision of the Apex Court in the case of: - (i) Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr , in Criminal Appeal No. 1552 of 2023, (ii) Mandar Deepak Pawar v. The State of Maharashtra & Anr , in Criminal Appeal No(S). 442/2022. 6. Per contra, Mr. Sarfaraz Nawaz, learned Amicus Curiae appearing for the respondent No.1/informant, opposes the prayers made in the criminal petition and submits that whether the sexual act was consensual or not is a matter of trial. 7. I have given my prudent consideration to the argument advanced by the learned counsels for both the contending parties, and also perused the material available on record. I have also considered the citation submitted at the bar. 8. This criminal petition being filed seeking quashing of the F.I.R., and the Charge-Sheet, let me first analyze the allegations made out in the F.I.R as whether the same if considered in the face value, the criminal offence is made out or not. The F.I.R. in question reads as hereunder: - “To, The In-Charge of Bebejia Police Post, Sonitpur, Tezpur. Date:02.09.2022 Subject: Ejahar. Sir, With due respect, I would like to inform you that, on 13-08-2022, on way to Bihuguri H.S School, Sri Pritam Sawasi, S/O-Suresh Sawasi of Nahoroni Tea Estate met me at Badormari at around 8 am, forcefully lift me on his motorcycle and took me to Tezpur. Thereafter, he raped me in a hotel room with an enticement of marriage. After that at 7 PM he dropped me at my elder sister’s house at Gurahmari Bamungaon and he fled away. After knowing about the incident by the family members, my uncle took me to house. I afraid to tell about the incident to family members, but worrying about my future, I have stated the incident to my family members. Now, it is my humble request to you sir to do justice with me. Yours faithfully Name- Prianka Gorait D/o- Sri Butu Gorait R/o- Manijaroni P.O- Manijaroni P.S- Bebejiya O/P Dist- Lakhimpur (Assam)” 9. I afraid to tell about the incident to family members, but worrying about my future, I have stated the incident to my family members. Now, it is my humble request to you sir to do justice with me. Yours faithfully Name- Prianka Gorait D/o- Sri Butu Gorait R/o- Manijaroni P.O- Manijaroni P.S- Bebejiya O/P Dist- Lakhimpur (Assam)” 9. Reading the aforesaid F.I.R., it is apparent that the informant has clearly alleged that on 13.08.2022, while she was on her way to Bihuguri H.S. School, the petitioner/accused met her at around 8 am and forcefully lifted her onto his motorcycle and took her to Tezpur town. It further appears that the informant has also categorically alleged that the petitioner/accused raped her in a hotel room with an enticement of marriage, and thereafter he dropped her at her elder sister’s house and fled away. The aforesaid allegation, on the face of it, appears to constitute a criminal offence. 10. Apt also to refer to Section 375 of the IPC, which reads as hereunder: - “ 375. Rape. A man is said to commit "rape" if he— (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— (First.)— Against her will. (Secondly.) — Without her consent. (Secondly.) — Without her consent. (Thirdly.) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt, (Fourthly.) — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (Fifthly.) — With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. (Sixthly.) — With or without her consent, when she is under eighteen years of age. (Seventhly.) — When she is unable to communicate consent. Explanation 1.— For the purposes of this section, „vagina? shall also include labia majora. Explanation 2.— Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.— A medical procedure or intervention shall not constitute rape. Exception 2.— Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.” 11. Whether the sexual act was consensual or not is a matter of trial and this court cannot at the time of considering the issue of quashing the instant F.I.R., look into it. That being so, there is no merit in the instant criminal petition and accordingly, the criminal petition stands dismissed 12. It is needless to clarify that the observations made herein is only for the purpose of considering the prayer made in the instant criminal petition and the same shall not have any effect on the independent judicial discretion of the learned trial court. 13. The criminal petition accordingly, stands disposed of.