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2025 Supreme(Gau) 1593
IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SHAMIMA JAHAN, J.
Dr. Partha Roy And Anr S/o Late Bagala Prasanna Roy - Appellant
Vs.
The State Of Assam And Anr. - Respondent
Crl.Pet. No. 1345 Of 2024
Decided On : 29-08-2025
Advocate Appeared:
For the Appellant :Mr. D Dey Advocate
For the Respondent: Mr. A.H Khandakar
Amicable settlements in marital disputes, when fully complied, can lead to quashing of criminal proceedings, preventing misuse of legal processes.
Headnote:(A) Criminal Procedure Code, 1973 - Section 528 - Indian Penal Code, 1860 - Section 498A - Quashing of FIR and charge-sheet - FIR filed in 2013 under Section 498A IPC challenged - Parties reached an amicable settlement, withdrew all cases, including a divorce agreement - Respondent’s failure to appear and comply with settlement led to quashing of proceedings. (Paras 2, 26, 27)
(B) Criminal Procedure - Settlement - An amicable settlement reached between the parties included withdrawing the cases, and obligations for compliance to obtain acquittal - The court emphasized the importance of parties adhering to settlement agreements to avoid misuse of legal proceedings. (Paras 5, 19, 26)
Facts of the case:
Petitioners challenged the FIR dated 28.04.2013 alleging dowry harassment, following years of tension in the marriage alongside multiple legal proceedings. The parties executed a memorandum of understanding indicating withdrawal of cases and divorce terms.
Findings of Court:
The court found that the respondent failed to comply with the settlement terms by not appearing before the trial court, leading to F.I.R and charge-sheet being quashed.
Issues: Whether the proceedings could continue despite the settlement and the non-appearance of the respondent?
Ratio Decidendi: The court determined that in light of the settlement, the initial FIR and charge-sheet were to be quashed due to the respondent's neglect in fulfilling her obligations under the agreement.
Result: Criminal Petition is allowed and disposed of.
| Table of Content |
|---|
| 1. petitioners challenge f.i.r and charge-sheet. (Para 2 , 3) |
| 2. amicable settlement reached between parties. (Para 4 , 6) |
| 3. mutual divorce and financial settlements outlined. (Para 5 , 7) |
| 4. withdrawal of cases in light of settlement. (Para 8 , 10) |
| 5. arguments presented regarding respondent's non-compliance. (Para 13 , 15) |
| 6. court's observations on respondent's failure to appear. (Para 24 , 25 , 26) |
| 7. court quashes f.i.r and charge-sheet. (Para 28) |
JUDGMENT AND ORDER :
SHAMIMA JAHAN, J.
1. Heard Mr. D Dey, learned counsel for the petitioners. Also heard Mr. A.H Khandakar and Mr. S Nawaz, learned counsel appearing on behalf of the respondent No. 2.
2. This is an application filed under Section 528 of the B.N.S.S, 2023 for quashing and setting aside of the F.I.R dated 28.04.2013 filed by respondent No. 2 which was registered as Bongaigaon P.S Case No. 231/2013 under Section 498A I.P.C corresponding to G.R Case No. 364/2013. The petitioners have also challenged the charge-sheet submitted in the instant case vide charge-sheet No. 246 of 2013 on 18.08.2013 as well as the subsequent proceedings carried on before the Court of Hon’ble Chief Judicial Magistrate, Bongaigaon.
3. The facts of the case is that the petitioner No. 1 and the respondent No. 2 got married on 11.12.2009 and carried on their conjugal life. However, due to some problem, the respondent No. 2 lodged a First Information Report before the Superintendent of Police, Nagaon which was initially registered as Nagaon P.S Case No. 604/2013. But the same was transferred to Bongaigaon and registered as Bongaigaon P.S Case No. 231/2013. The petitioners i.e. the husband and his mother applied for a pre-arrest bail before the Hon’ble Gauhati High Court and the same was allowed. The petitioners had also filed a petition under Section 482 of the Cr.P.C for quashing of the said F.I.R before the Hon’ble Gauhati High Court. However, the same was rejected on 13.06.2013. The police, on completion of the investigation, submitted charge-sheet, as mentioned above against the petitioners which was put to challenge by the petitioners before the Hon’ble Gauhati High Court, but the same was withdrawn on 17.11.2015.
4. During the trial of the instant case, the prosecution adduced all the witnesses along with the Investigating Officer and at that juncture, the Ld. Additional Public Prosecutor filed a petition under Section 319 of the Cr.P.C before the Hon’ble Chief Judicial Magistrate, Bongaigaon for issuing summons to all the accused persons named in the F.I.R, which was, however, rejected by the Court below. Aggrieved by the said rejection order, the respondent No. 2, i.e. the wife of the petitioner, preferred the Criminal Revision Petition before the Hon’ble Gauhati High Court which was partly allowed vide order dated 14.10.2018 by which the brother and father of the petitioner No. 1 were directed to be made accused in the said petition. However, the father died on 26.10.2018 and the brother preferred the appeal before the Hon’ble Supreme Court by filing S.L.P being registered vide Diary No. 6462 of 2019 and the Hon’ble Supreme Court, after hearing, stayed the proceeding qua the petitioner i.e. the brother of petitioner No. 1 vide order dated 01.04.2019.
5. During the pendency of the said S.L.P as well as other proceedings between the petitioners and respondent No. 2, an amicable settlement was reached between the parties by which it was decided that the parties would withdraw their respective cases before the Courts of Law and a said memorandum of understanding was executed between the petitioner No. 1 and respondent No. 2 on 02.08.2019 at Nagaon. It was specifically mentioned in paragraph No. 3 of the said memorandum of understanding that in light of the terms and conditions of the amicable settlement arrived at between the parties and in full and final settlement of all their past disputes and grievances arising out of marital relationship, the respondent No. 2 shall put her
