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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Mostafizur Rahman And Anr S/o Montaj Sheikh – Appellant
Versus
State Of Assam And Anr Represented By The PP, Assam – Respondent
ORDER :
PARTHIVJYOTI SAIKIA, J.
04.04.2025 Heard Mr. M.Z. Shah, the learned counsel appearing for the petitioners. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam as well as Mr. S. Nawaz, the learned Amicus Curiae representing the private respondent.
2. This an application under Section 528 of the BNSS, 2023 praying for quashing the criminal proceedings of the Special (P) Case No.216/2024 arising out of South Salmara P.S. Case No.32/2023 pending in the court of learned Special Judge, South Salmara, Mankachar.
3. The Respondent No.2 who is not a relative of the petitioners, had lodged an FIR before police that the petitioner Mostafizur Rahman had married the other petitioner who was below 18 years of age. Police registered the case under the provisions of Prohibition of Child Marriage Act and under the POCSO Act.
4. Now, the boy and the girl have jointly filed this application stating that they had married to each other pursuant to their love-affair. By this time, they are blessed with a son also. They claim to be living happily. Lit may be stated that at the time of her marriage, the girl was below 18 years of age but she is now more than 18 years of age.
5. I hav
The court quashed criminal proceedings under Section 528 of BNSS, 2023, finding no possibility of conviction and deeming the continuation an abuse of process.
The court can quash criminal proceedings when the parties involved are living together happily, despite initial legal complications regarding age at marriage.
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
The court emphasized the need for the legislature to consider cases involving adolescents in relationships and make necessary amendments to stringent laws such as the POCSO Act.
Point of law : Power under Section 320 of Cr.P.C., may be exercised only where the parties have settled their dispute and the same also depends upon the facts of each case. It is also held that befor....
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