GAHC010064992024 2025:GAU-AS:17599

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./966/2024

SURAJIT KUMAR BHAGOWATI

S/O LATE PURNA CHANDRA BHAGAWATI

R/O VILL- BHERBHERI

P.O. HALOWAGAON, P.S. SAMAGURI

DIST. NAGAON, ASSAM

PIN-782141

VERSUS

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE PP, ASSAM

2:DR. MOUSUMI SAIKIA

W/O RISHIKESH DOWARA

R/O ARB ROAD

SOUTH HAIBORGAON

P.S. SADAR

DIST. NAGAON

ASSAM

PIN-782002

Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K

DAS

Advocate for the Respondent : PP, ASSAM, A W AMAN (R-2),SAMIM RAHMAN(R-2),MR.

SURAJIT DAS(R-2),MR SARFRAZ NAWAZ

Linked Case : Crl.Pet./360/2025 DR MOUSMI SAIKIA @ DR MOUSUMI SAIKIA W/O HRISHIKESH DOWARAH R/O BHUYAN PATTY SONALI PATH A.R. B. ROAD NAGAON P.S. NAGAON DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE LEARNED PP ASSAM

2:DR. SURAJIT KR. BHAGAWATI S/O PURNA CHANDRA BHAGAWATI R/O VILL-BHERBHERI GAON P.S. SAMAGURI DIST. NAGAON ASSAM ------------

Advocate for : MR SARFRAZ NAWAZ Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Date of Hearing : 12.11.2025 Date of Judgment : 18.12.2025 Whether the pronouncement is of the operative part of the Judgment? : NA Whether the full Judgment has been pronounced? : Yes BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA JUDGMENT & ORDER (CAV)

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 char