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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Krishna Kanta Boruah S/o Sri Bipin Boruah – Appellant
Versus
State of Assam Represented By Learned PP, Assam – Respondent
JUDGMENT & ORDER (CAV)
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. B.D. Goswami, learned counsel for the petitioner as well as Mr. A. Sahad, learned counsel for the respondent no.2. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
2. This is an application under Section 528 of BNSS , filed by the petitioner, namely, Krishna Kanta Boruah, praying for quashing the charge-sheet no.24/2024 dated 27.02.2024 and Criminal proceeding pending against the petitioner vide PRC Case No.369/2024, pending before the Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, arising out of FIR dated 24.01.2024 registered as North Lakhimpur P.S Case No.16/2024 under Sections 447 /376/511 IPC
3. On 24-01-2024 one Smti Chitrarekha Ray Rajkhowa lodged a FIR before the In-Charge, Nowboicha Police Out Post alleging inter-alia therein that - "Humble submission is that the accused person is brother-in-law. My husband is in service at BSF. Today morning at about 10.30 am the accused person, with bad intention came to our house in absence of my husband and entered in my bedroom and forcefully tried to establish physical relation with me against my will and outrage my modesty by disrobing my
Legal standard for defining rape requires penetration; absence of evidence for sexual assault dismisses charges under Section 376 IPC.
The court upheld that an attempt to commit rape according to IPC can proceed even without completed acts, affirming the sufficiency of the charge based on available evidence.
The power to quash an FIR should be exercised sparingly and with circumspection, especially when the investigation is pending and charge-sheet is yet to be filed. It should be done only in the rarest....
The court can quash criminal proceedings when parties have amicably settled, especially through marriage, demonstrating the purpose of justice.
The High Court cannot quash charges under Section 528 of the B.N.S.S., 2023 without conducting a mini-trial, and the evidence must be evaluated at trial, not at this preliminary stage.
It is also relevant to consider as to what is stage of the proceedings - It has been observed that if an application is made at a belated stage wherein the evidence has been led and the matter is at ....
Offences like rape are not private in nature and have a serious impact on society, and therefore, the criminal proceedings cannot be quashed on the basis of settlement between the parties.
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