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GAHC010028572026

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THE GAUHATI HIGH COURT

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

Case No. : Crl.Pet./223/2026

FULBAR ALI AND ANR

SON OF HUSSAIN ALI,PRESENTLY RESIDE AT SUNDARBAN NAGAR,

DOTBAZAR, P.S.- HATIGAON, DISTRICT KAMRUP METRO, ASSAM.

2: MANISHA KHATUN

D/O CHABUR ALI

PRESENTLY RESIDENT OF SUNDARBAN NAGAR

DOTBAZAR

P.S. HATIGAON

DIST. KAMRUP (METRO)

ASSAM

PERMANENT RESIDENT OF VILL- GOROIMARI

P.S. CHAYGAON

DIST. KAMRUP

ASSA

VERSUS

THE STATE OF ASSAM AND ANR

REP BY THE PP, ASSAM

2:DIPA BORA DUTTA

W/O SUBHAJIT DUTTA

RESIDENT OF HOUSE NO.8

MILANJYOTI PATH

P.O. AND P.S. HATIGAON

DIST. KAMRUP (METRO)

ASSAM

PIN-78103

Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M

ZAMAN,MR N AHMED

Advocate for the Respondent : PP, ASSAM, MS. T PARASHAR, AMICUS CURIAE (R-2)

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:: BEFORE ::

HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

22.04.2026

Heard Mr. N. Ahmed, the learned counsel appearing for the petitioners. Also

heard Mr. P.S. Lahkar, the learned Addl. Public Prosecutor, Assam representing

Respondent No.1 as well as Ms. T. Parasar, the learned Amicus Curiae representing the

Respondent No.2.

2. This is an application under Section 528 of the BNSS, 2023 praying for quashing

the proceedings of Sessions Special Case No.131/2023 pending in the court of the

learned Addl. Sessions Judge-cum-Special Judge (POCSO), Kamrup (M) at Guwahati.

3. On 02.02.2023, the respondent no.2 had lodged an FIR before police alleging

that a girl below 18 years of age was given in marriage to the petitioner Fulbar Ali.

Police filed the charge sheet under the provisions of POCSO Act and under the

Prohibition of Child Marriage Act, 2006.

4. Now, the girl who is aged about 20 years and Fulbar Ali have jointly filed this

application stating that they are now living peacefully and the girl said that she does

not want her husband Fulbar Ali to be punished for the alleged offence.

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

6. 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, AIR

1992 SC 604. Paragraph 102 of the judgment reads as under:

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“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 Code which we have extracted and

reproduced above, we give the following categories of cases by way of illustration

wherein such power could be exercised either to prevent abuse of the process of any

court or otherwise to secure the ends of justice, though it may not be possible to lay

down any precise, clearly defined and sufficiently channelised and inflexible guidelines

or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such

power should be exercised.

(1) Where the allegations made in the first information report or the complaint,

even if they are taken at their face value and accepted in their entirety do not

prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any,

accompanying the FIR do not disclose a cognizable offence, justifying an

investigation by police officers under Section 156(1) of the Code except under an

order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the

evidence collected in support of the same do not disclose the commission of any

offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but

constitute only a non-cognizable offence, no investigation is permitted by a police

officer without an order of a Magistrate as contemp