GAHC010170392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./1007/2025 FORIDUL ISLAM AND ANR S/O- KAMAL SHEIKH @ KOMOL ALI.

VILL.- PECHARKANDI.

P.O.- MANULLAPARA, P.S.- MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN - 783135.

2: AJMINA KHATUN W/O- FORIDUL ISLAM. VILL.- PECHARKANDI.

P.O.- MANULLAPARA P.S.- MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN - 783135 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM.

2:PIAR ALI S/O- LATE BINOD ALI. VILL.- PECHARKANDI.

P.O.- MANULLAPARA P.S.- MANKACHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN - 783135 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : PP, ASSAM, MR ROBIUL HOQUE (R-2)

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

25.11.2025 Heard Mr. M. R. Khandakar, learned counsel for the petitioner. Also heard Mr.

P. Borthakur, learned Additional Public Prosecutor, Assam and Mr. R. Hoque, learned counsel appearing for respondent No.2.

2. The two petitioners herein stated to be husband and wife namely, Farida Islam and Ajmina Khatun have jointly invoked the jurisdiction under 528 BNSS seeking quashing of the entire criminal proceeding of - Special (P) Case No.118/2024 arising out of Mankachar PS Case No. 84/2023 under Section 9/10/11 of the Prohibition of Child Marriage Act R/W Section 6/17 of POCSO Act pending before the learned Special Judge, South Salmara, Mankachar.

3. The case arose out of an FIR dated 02.02.2023 alleging child marriage pursuant to which police case was registered and investigated resulting in a charge-sheet.

4. It is stated by the learned counsel for the petitioner that the girl is now a major and pursuant to their earlier marriage, they also have a minor daughter who is aged about two years. Learned counsel has also drawn my attention to the affidavit dated 03.07.2025 filed by the petitioner No.2 as the deponent in which she stated about her love affair and marriage with the petitioner No.1 and that now she is living peacefully with him and her child from the wedlock.

5. Scanned case record has been received.

6. In support of his contention, learned counsel for the petitioner has submitted before this Court two decisions of the co-ordinate Bench of this Court in Criminal Petition 156/2025. It is submitted that in similar circumstances, this Court in that decision was placed to quash the proceedings.

7. Learned counsel for the informant’s side supports the settlement and the affidavit filed by the victim girl. He submits that the informant’s side has no objection to the prayer of the petitioner for quashing of the proceeding in the interest of the parties and the child.

8. The law regarding quashing of criminal proceeding pursuant to settlement between the parties has crystallized through a catena of decisions rendered by the Hon’ble Supreme Court. However, as per the governing law, certain categories are excluded which includes heinous offence having great societal impact.

9. In the instant case, the provision of Child Marriage Act has been given and the said law has been enacted to criminalize the social evil of marrying of girls before attaining their majority. In the instant case, because of minority of the girl at the time of the alleged incident, provision of POCSO has also been given which undoubtedly falls in the domain of serious offences.

10. However, the objective reality that has emerged in the facts and circumstances of the instant case, also cannot be overlooked. The parties are married, living a peaceful conjugal life and they also have a two year old daughter. In the said situation, allowing the trial to proceed might be an exercise in futility. Even otherwise, such a continuing prosecution could be detrimental to the interest of the child and the victim girl herself in the objective situation.

11. Therefore, in the peculiar facts and circumstances, despite the provisions of Child Marriage and POCSO, it would be justified to ex