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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Surajit Kumar Bhagowati, S/o. Late Purna Chandra Bhagawati – Appellant
Versus
State Of Assam, Represented By The PP, Assam – Respondent
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. N. Mahajan, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor, representing the State respondent as well as Mr. S. Nawaz, learned counsel for the respondent no. 2 in Crl. Pet. No. 966/2024.
2. Criminal Petition No. 966/2024 (Surajit Kumar Bhagowati Vs. The State of Assam & Anr.), was filed by the petitioner, under Section 482/397/401 of the Cr.P.C., 1973 for quashing of the entire proceedings arising out of PRC No. 93/2023, under Section 354(A) of the IPC, pending in the Court of learned Chief Judicial Magistrate, Nagaon in connection with Nagaon P.S. Case No. 430/2022.
3. Criminal Petition No. 360/2025 (Dr. Mousmi Saikia Vs. The State of Assam & Anr.) is also taken with the instant case together for disposal by a common order, as, during the pendency of both the criminal petitions, the concerned parties have filed a Memorandum of Understanding, notarized on 16.07.2025, to the effect that both the parties have come to a mutual settlement for not pursuing their cases pending before the learned CJM, Nagaon.
4. In Crl.Pet. No. 966/2025, it is the case of the petitioner that the
The High Court may quash criminal proceedings in cases of mutual settlement even for non-compoundable offences if continuation is deemed futile and justice is served.
The High Court can quash non-compoundable charges if the parties amicably resolve their dispute, as the likelihood of conviction is low and the proceeding would be futile.
A redundant criminal prosecution cannot be allowed to continue.
The High Court possesses the inherent power to quash criminal proceedings under Section 482 CrPC when parties reach a compromise, even in cases involving non-compoundable offences.
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