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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Hamedur Islam Alias Hamidur Islam S/o Rafiqul Islam – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. overview of procedural history and fir allegations. (Para 1 , 2 , 3) |
| 2. arguments regarding compromise and admissibility of quashing serious charges. (Para 4 , 5 , 6 , 7 , 8) |
| 3. precedent for quashing non-compoundable heinous offences. (Para 9 , 10 , 11 , 12 , 13) |
| 4. application of established case precedents to the current petition. (Para 14 , 15 , 16 , 17) |
| 5. assessment of victim consent and seriousness of the alleged offence. (Para 18 , 19 , 20 , 21) |
| 6. dismissal of the petition for quashing. (Para 22) |
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor and Mr. S. Islam, learned counsel for the informant.
2. Invoking the jurisdiction of 528 of the BNSS, the petitioner is seeking quashing of criminal proceedings by way of Fakirganj PS Case No. 16/2025 (GDE No. 10 dated 1/2/2025); charge sheet No. 44/2025 dated 30/4/2025 submitted after completion of investigation in the said case under Section 329(4)/64/351(2) of the read with Section 4 of the POCSO Act.
3. The case had arisen out of an FIR dated 1/2/2025 lodged by the father of the alleged victim girl with the allegati
High courts cannot invoke inherent powers to quash criminal proceedings for heinous, non-compoundable offences, such as sexual assault against a minor, merely on the basis of a private compromise or ....
High Court may quash FIR under serious sexual offence on compromise and marriage if relations consensual, misunderstanding caused FIR, early trial stage, preventing abuse of process and promoting har....
High Court may quash rape FIR post-charge-sheet under inherent powers upon genuine compromise and marriage, promoting harmony and preventing abuse of process despite offence gravity.
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
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