GAHC010031472026 2026:GAU-AS:2589 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./231/2026 DHAJYA YOTI GOGOI AND ANR S/O LANKESWAR GOGOI R/O AASHI KATYAON APARTMENT, FLAT NO. 38, 3RD FLOOR, P.S. ALL WOMEN POLICE STATION, GUWAHATI-781001, DIST. KAMRUP (M), ASSAM

2: SUNITA HAZARIKA W/O DHAJYA JYOTI GOGOI R/O AASHI KATYAON APARTMENT FLAT NO. 38 3RD FLOOR P.S. ALL WOMEN POLICE STATION GUWAHATI-781001 DIST. KAMRUP (M)

ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. I CHOUDHURY, HIMSHIKHA TALUKDAR,R L CHUTIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA

ORDER

20-02-2026 Heard Mr. I. Choudhury, learned counsel for the petitioners and Mr. P. S.

Lahkar, learned Additional Public Prosecutor for the State respondent.

2. This is an application filed under Section 528 BNSS for quashing and setting aside the entire criminal proceeding which is pending before the Court of learned JMFC, Kamrup (M), Guwahati in connection with PRC Case No. 942/2022 under Section 498(A) IPC and the FIR of All Women P.S. Case No.

258/2021 and the Charge Sheet No. 15/2022.

3. This petition has been jointly filed by the informant/victim and the accused of this case, who are petitioner No.2 and petitioner No.1 respectively.

4. It is submitted by Mr. Choudhury, learned counsel that due to some differences, the FIR was filed by the petitioner No.2 but before filing of the charge sheet the matter has already been settled amicably between the parties and at present they are staying together as husband and wife.

5. The victim/petitioner No.2 does not want to proceed with the case further and accordingly, this petition has been filed jointly by the victim and accused praying for quashing of the entire criminal proceeding including the FIR and the Charge Sheet.

6. He further submitted that even if the case is proceeded further, the chance of conviction of the accused is very remote as the victim/informant will not depose against the petitioner No.1 rather, it will be an abuse of the process of Court. Accordingly, he submitted that it is a fit case, wherein the criminal proceeding, the FIR as well as the charge sheet may be set aside and quashed by invoking the power under Section 528 BNSS.

7. Mr. Lahkar, learned Addl. PP submitted that this is purely a matrimonial and private matter wherein both the parties have arrived at an amicable settlement and the State has no objection if the entire criminal proceeding, the FIR and the charge sheet is set aside and quashed.

8. I have heard the submissions made by the learned counsel for both sides and I have also perused the case record including the annexures appended thereto.

9. It is seen that the case lodged by the petitioner No.2, victim/informant against her husband, the petitioner No.1. But from the submission made by the learned counsel for the petitioners, it is seen that the matter has already been settled amicably between the parties and hence, both the accused and the victim have jointly filed this petition for setting aside the entire criminal proceeding, the FIR and the charge sheet.

10. Both the petitioners are staying together as husband and wife and hence, in that event, if the case is allowed to be proceeded further, there is little chance of adducing any evidence against the petitioner No.1 by the petitioner No.2 who is presently residing along with her husband/petitioner.1. Thus, the conviction of the case is very remote and even if the case is proceeded further, rather, it will be an abuse of the process of law.

11. As the case is already settled between the parties, the State respondent also raised no objection in compromising/quashing the case by invoking the power under Section 528 BNSS.

12. In the case of State of Madhya Pradesh Vs. Laxmi Narayan and others reported in (2019) 5 SCC 688 in sub para 29.4 of para 14, the Hon’ble Supreme Court has observed as under:-

“29.4 On the other h