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GAHC010189652025

2026:GAU-AS:4831

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

Case No. : Crl.Pet./1040/2025

SANJAY PAUL S/O MANORANJAN PAUL RESIDENT OF MILANPUR, PS SONAPUR, DISTRICT KAMRUP (M), ASSAM,

PIN 782402

VERSUS THE STATE OF ASSAM

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,S YESMIN Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

ORDER

01.04.2026

1. Heard Ms. S. Yesmin, learned counsel for the petitioner and Mr. P.

Borthakur, learned Additional Public Prosecutor appearing for the State.

2. Invoking Section 528 of BNSS, the petitioner has prayed for quashing of the FIR dated 03.04.2025 in connection with Sonapur PS Case No. 62 of 2025 under Section 85 of BNS, which was registered based on an FIR dated 3/4/2025, lodged by the victim woman herself, who is stated to

have subsequently died.

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3. The investigation of the case resulted in a charge-sheet against the petitioner as the sole accused who was sent up for trial vide CS No. 111/25 dated 31/8/2025 under Section 85 BNS (corresponding to earlier

Section 498A IPC).

4. The petitioner has filed an additional affidavit bringing on record the charge-sheet and now seeks quashing of the entire proceedings being PRC No. 4082 of 2025, corresponding to CS No. 111/25 arising out of

Sonapur PS Case No. 62 of 2025.

5. The scanned record has been received.

6. The PRC case is now stated to be at the stage of appearance and the first date is fixed on 25/05/2026 for appearance. As mentioned above, the case originally arose out of an FIR dated 3/4/25, lodged by the victim Mousumi Paul, who was the wife of the accused at Sonapur PS on 03.04.2025 alleging mental torture and harassment on her by the

th accused/husband. As a result on 14 March, 2025 on the day of Holi, the deceased set herself on fire. Eventually the informant died on 17.04.2025

at GMCH during treatment.

7. It is alleged in the FIR that she was married with the petitioner for 14 years and ever since marriage, during this period, her husband/petitioner had inflicted mental torture and harassment upon her continuously. It is also alleged that due to such mental torture, on

14/03/2025 she set herself on fire.

8. As per the death certificate annexed to the petition, the victim expired in GMCH on 16/04/2025 due to burn injuries. However, as already

stated the charge sheet has been filed only under Section 85 BNS.

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9. I have perused the narration in the charge sheet. The IO, upon completion of investigation has said that upon finding sufficient materials the case has been charge-sheeted under Section 85 BNS and the petitioner sent up for trial. In the scanned record, a statement of the victim, purportedly a dying declaration is available and in the said dying declaration, she has stated about sustaining burn injuries in an accidental fire from the cooking gas while she was in the kitchen. She has mentioned

that no one is responsible for her death.

10. In any case, at this stage that aspect has become somehow secondary as no provision other than Section 85 BNS has been given against the petitioner. The statement of the victim girl was recorded under Section 161 C.P.C (180 BNS) during investigation and in that statement also stated that her husband used to keep quarreling with her and

scolding her.

11. The principles governing quashing of the criminal proceeding are well settled ever since the fundamental principles were laid down in the foundational judgment of State of Haryana versus Bhajan Lal, 1992

Supp(1) SCC 335. Para 102 thereof may be reproduced herein below:

“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 to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Co