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2025 Supreme(Gau) 1723
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Smti Pallavi Sarmah And Anr – Appellant
Versus
The State Of Assam – Respondents
Crl.Pet.1003 of 2025
Decided on : 19-08-2025
For the Petitioner: MS. S BHUYAN, MS HIMADREE GOGOI,M. BORUAH,MS. C SHARMA
For the Respondent: PP, ASSAM
The High Court can quash non-compoundable criminal proceedings under its inherent powers when parties settle their disputes, emphasizing justice and the civil nature of the matter.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code - Section 498A - Petitioners filed for quashing proceedings of Police Report Case no. 638/2023 amid ongoing civil and domestic violence proceedings. Mutual divorce was sought and payment arranged for settlement, leading to the quashing of the criminal proceedings to prevent further mental agony. The court highlighted that such matters, having a civil character, may allow for quashing if the parties have resolved disputes. (Paras 1, 8, 16-17)
(B) Inherent Powers of High Court - Distinction from Compounding - Section 482, CrPC akin to Section 528, BNSS. The powers can be exercised without statutory limitation to prevent abuse or secure justice, particularly in civil character cases, while heinous offences warrant continued prosecution. (Paras 9-10, 11)
(C) Premise for Quashing - Factors considered include nature of offence, prospects for conviction, and parties’ prior settlements. The court found the proceedings served no purpose and allowed the petition to facilitate a return to personal lives. (Paras 12-15)
Facts of the case:
Petitioners married on 25.04.2019, later experienced irreconcilable differences leading to allegations and FIR filed for cruelty under IPC. They sought mutual divorce and entered an agreement for settlement resolving all disputes, including withdrawal of other pending cases.
Findings of Court:
The court quashed the ongoing case due to the agreement reached and mutual understanding between the parties.
Issues: The court addressed whether proceedings should continue despite a settlement between the parties in relation to a non-compoundable offence.
Ratio Decidendi: The High Court's powers under Section 528 parallel those of Section 482 CrPC, emphasizing that it can quash proceedings if it serves justice and results from a settlement despite the case's non-compoundable nature.
Result: The criminal petition is allowed, and the case PRC no. 638/2023 is quashed.
JUDGMENT :
MANISH CHOUDHURY, J.
1. This criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita [ BNSS ], 2023 is preferred by two petitioners seeking setting aside and quashing of the proceedings of Police Report Case [PRC] no. 638/2023, presently pending before the Court of Chief Judicial Magistrate, Kamrup [M], Guwahati.
2. The facts stated by the petitioners in this petition can be narrated, briefly, at first.
3. The marriage between the petitioner no. 1 and the petitioner no. 2 was solemnized on 25.04.2019 as per Hindu rites, rituals and customs at Guwahati in presence of family members, friends, relatives and well-wishers. The marriage was subsequently registered on 03.06.2019 before the Marriage Officer, Kamrup [Metro] under the provisions of the Special Marriage Act. After solemnization of the marriage, the parties started to live together at Guwahati. However, disputes and discords started arising between them and as a result, the petitioner no. 1 had left her matrimonial home on 01.03.2023.
4. On 23.03.2023, the petitioner no. 1 lodged a First Information Report [FIR] before the Officer In-Charge, All Women Police Station, Panbazar alleging cruelty upon her by her husband, that is, the petitioner no. 2 and the said FIR was registered as All Women Police Station Case no. 18/2023 for the offence under Section 498A, INDIAN PENAL CODE [IPC]. The case was investigated into. After completing investigation into the case, All women Police Station Case no.18/2023, the Investigating Officer [I.O.] of the case laid a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 17/2023 on 25.04.2023 finding a prima facie case against the petitioner no. 2. On submission of the charge- sheet, the case has been registered as PRC no. 638/2023 and the proceedings started before the Court of learned Chief Judicial Magistrate, Kamrup [M] at Guwahati [‘the Trial Court’, for short].
4.1. In the interregnum, the petitioner no. 1 instituted a case, F.C.[Civil] Case no. 125/2024 against the petitioner no. 2 under Section 13[1][ia] of the HINDU MARRIAGE ACT seeking dissolution of her marriage with the petitioner no. 2 by a decree of divorce on the ground of cruelty. It is further stated that the petitioner no. 1 also filed an application before the Court of learned Chief Judicial Magistrate, Kamrup [M] at Guwahati under Section 12 of the DOMESTIC VIOLENCE ACT and the said case has been registered as Domestic Violence Case no. 70/2023.
4.2. When those proceedings were going on, efforts including counseling, were made to resolve the marital disputes and discords between the parties. But, all such efforts did not materialize into restitution of the conjugal life of the parties. The petitioners had realized that for reasons of incompatibility and the irreconcilable differences and discords existing between them, the best possible way is to proceed for a voluntary and mutual divorce. The petitioners therefore, decided to seek for dissolution of their marital relationship through a decree of mutual divorce. For that purpose, they entered into a Deed of Agreement on 04.08.2025 setting forth the terms and conditions for their mutual and voluntary divorce. As per the conditions of the Deed of Agreement, the petitioner no. 2-husband agreed and had undertaken to pay an amount of Rs.10,00,000/- to the petitioner no. 1-wife towards full and final settlement in lieu of all past, present and future claims, including maintenance [interim or permanent], alimony, streedhan, litigation costs, or any other monetary or property related claims. It has been further agreed that as part of settlement, the parties would jointly file a criminal petition for quashing and setting aside of PRC no. 638/2023.
5. It is averred that as part of the agreement, the petitioner no. 2 has already paid an amount of Rs. 10,00,000/- to the petitioner no. 1. On 04.08.2025 itself, the petitioner no. 1 moved a petition before the Family Court for withdrawal of the cas
