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.

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 complainant i.e., the respondent no. 2, Dr. Mousmi Saikia had lodged an FIR before the Nagaon Police Station, alleging, inter alia, that since joining in Anandaram Dhekial Phookan College, Nagaon, the petitioner, as Principal of the said College, started constantly harassing the respondent no. 2 and tried to molest her on many occasions. It was also alleged in the FIR that one day, the petitioner took her in his vehicle to one herbal garden and in the absence of the caretaker of the herbal garden, took her to the caretaker’s room and tried to have forceful physical relationship with her but she somehow saved herself from his clutches. It was further alleged that afterwards also, the petitioner repeatedly pressurized her to go with him for such activities and allegedly told her that if, she surrender herself to his advances, he could initiate the interview and help her in getting appointed as Lecturer of Botany Department in his college. In view of the aforesaid advances and unwarranted actions of the petitioner, the respondent no. 2 had filed the aforesaid FIR.

5. Upon receipt of the FIR, the Nagaon Police registered the Nagaon Police Station Case No. 430/2022, under Sections 354(A)/376/511 of the IPC. It is stated that after the completion of the investigation, on 20.01.2023, the investigating authority had submitted the Charge-sheet against the present petitioner, under Section 354(A) of the IPC. Subsequently, on 11.01.2024, the learned Trial Court framed charge under Section 354(A) of the IPC against the petitioner.

6. The petitioner being highly aggrieved by the filing of the Charge-sheet and the order dated 11.01.2024, whereby, a charge was framed under Section 354(A) of the IPC against the petitioner, has preferred the criminal petition for setting aside and 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.

7. Wheareas, in Criminal Petition No. 360/2025, which was filed by the petitioner therein, i.e. the Dr. Mousmi Saikia, arraying Dr. Surajit Kumar Bhagowati (the petitioner in Criminal Petition No. 966/2024) as respondent no. 2, contended that she is an Assistant Professor in the Department of Herbal Science & Technology, Anandaram Dhekial Phookan College, Nagaon, wherein, the respondent no. 2 is the Principal of the said College.

8. It is the case of the petitioner that, on 08.04.2022, the petitioner had lodged an FIR before the N