GAHC010151512025 2025:GAU-AS:16998

THE GAUHATI HIGH COURT

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

Case No. : Crl.Pet./833/2025

MIRAJUL SHEIKH AND ANR

SON OF BISIRUL HOQUE

R/O VILL- CHAR KHALISAMARI

P.S. SUKCHR, DIST. SOUTH SALMARA MANKACHAR, ASSAM,

PIN-783128.

2: BASIRUL HOQUE @ BASIRUL SHEIKH

R/O VILL- CHAR KHALISAMARI

P.S. SUKCHR

DIST. SOUTH SALMARA MANKACHAR

ASSAM

PIN-783128

VERSUS

THE STATE OF ASSAM AND ANR. REP.BY THE LEARNED PP, ASSAM

2:ASMITARH BEGUM

W/O MIRAJUL SHEIKH

VILL- CHAR KHALISAMARI P.S. SUKCHAR

DIST. SOUTH SALMARA MANKACHAR

ASSAM

PIN-783128

Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN

Advocate for the Respondent : PP, ASSAM, MR. A.K. HAJONG (R-2),MR. I CHAKMA (R-2),MR.

S. K. CHAKMA (R-2),MS. N DEKA (R-2),MS. D GHOSH (R-2)

BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

09.12.2025 Heard Mr M Islam, learned counsel appearing for the petitioner. Also heard K K Parashar, learned Additional Public Prosecutor for the State of Assam; and Mr N Deka, learned counsel appearing on behalf of the respondent No. 2.

2. The instant criminal petition has been preferred under Section 528 of the BNSS, 2023, with the prayer for setting aside and quashing of the proceedings of Special (P) Case No. 245/2024, under Sections 9 and 10 of the Prohibition of Child Marriage (PCM) Act, 2006, read with Sections 6 and 17 of the POCSO Act, 2012, against the petitioner and the said case is pending before the learned Special Judge, South Salmara, Mankachar. The said special case has been registered pursuant to the charge sheet No.

95/2023, dated 30.06.2023, arising out of Mankachar PS Case No. 27/2023.

3. The brief facts of the case is that on 02.02.2023, the complainant, Md Kutub Uddin, the Secretary of VDP (Village Defence Party) Char Kholishamari Village had lodged an FIR before the Officer-In-Charge of Sukchar Police Station (in short, P.S.), stating that the accused/petitioner No. 1, Mirajul Sheikh had married a young girl, who is below the permissible age of marriage. The said FIR was received and registered on 02.02.2023 as Sukchar PS Case No. 27/2023, under Sections 9/10/11 of the PM At, 2006, read with Sections 6/17 of the POCSO Act, 2012. The said case was also registered as GR No.

149/2023.

3. The learned counsel for the petitioner has submitted that the petitioner No. 1 is the son of the petitioner No. 2. Learned counsel for the petitioner submits that at the time of marriage, the alleged victim was a minor, aged about 17 years 04 months and 02 days as she was born on 08.10.2004. Now, the alleged victim is major, aged about 20 years 09 months and 06 days as on 14.07.2025. Learned counsel further submits that the petitioner No. 1 and his wife, i.e., the alleged victim are enjoying happy married lives sine the day of their marriage. In the meantime, the petitioner No. 1 and his wife were blessed with a baby (male child) on 05.01.2023. The petitioners were granted pre-arrest bail and they never absconded.

4. Both Mirajul Sheikh and Basirul Hoque @ Basirul Sheikh, have approached this Court together stating that the marriage of the minor girl was held in the year 2022. Petitioner No. 1 and the victim (respondent No. 2) are blessed with a child and till now they are living happily.

5. The said minor girl is now more than 18 years of age and she has submitted that since they are living happily together, the continuation of the criminal proceedings against the petitioner No. 1, Mirajul Sheikh, would be detrimental to their future life.

6. I have considered the submissions made by the learned counsel of both sides.

7. The guidelines for consideration of a petition under Section 482 of the CrPC has been laid down by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, reported in AIR 1992 SC 604. Paragraph 102 of the judgment reads as under:

“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating