Gauhati High Court
Page No.# 1/4 vs State Of Assam And Anr on 6 April, 2026
Page No.# 1/4
GAHC010288462025
2026:GAU-AS:5013
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1636/2025
MILAN JYOTI DAS ALIAS MILAN DAS AND ANR
S/O - DHARANI DAS, VILLAGE - DHUMGARA, P.S. - CHHAYGAON, DIST -
KAMRUP, PIN - 781137, ASSAM
2: SIMANTA DEKA
S/O LAKSHYADHAR DEKA
VILLAGE - SARAPARA
P.S-PALASBARI
DIST - KAMRUP
PIN - 781122
ASSA
VERSUS
STATE OF ASSAM AND ANR
THROUGH THE PUBLIC PROSECUTOR, ASSAM
2:RADHA CHARAN KALITA
S/O LT GOKUL KALITA
R/O ALEKJARI
P.S. - CHHAYGAON
DIST-KAMRUP
PIN - 781124
ASSA
Advocate for the Petitioner : MR. A DUTTA,
Advocate for the Respondent : PP, ASSAM, MR. D HAZARIKA(R2),MR. S J SARMAH(R2)
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
Page No.# 2/4
ORDER
Date : 06-04-2026 Heard Mr. A. Dutta, the learned counsel for the petitioners. Also heard Mr. S J Sarmah, the learned counsel appearing for respondent no. 2 and Mr. M.P. Goswami, the learned Addl. PP appearing for the State respondent no. 1.
2. This is an application u/s 528 read with Section 438/ 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside and quashing of the impugned P.R.C. No. 628/2023 u/s 352/294/34 IPC and all the subsequent proceedings pending before the learned CJM at Kamrup, Amingaon.
3. It is submitted by Mr. Dutta, the learned counsel for the petitioners that no such incident had taken place as alleged in the FIR against the present petitioners, except some altercation and quarrel between the parties. However, after the institution of this case, charge-sheet was filed and accordingly charge is also framed against them u/s 352/294/34 IPC. But, during the pendency of the said criminal case there was a settlement between the parties and in the meantime he filed the present application for quashing of the entire case. During the pendency of the present case, the matter was settled before the mediation and both the parties are agreed for compromise. In view of this, the respondent has no objection if the proceeding against the present petitioner is quashed on the basis of the amicable settlement before mediation and on the basis of compromise took place between the parties.
4. Mr. Goswami, the learned Addl. PP submitted in this regard that State has no objection if the pending case is quashed against the present petitioner in view of settlement/compromise between the parties. However, he submitted Page No.# 3/4 that the case is registered u/s 352/294/34 IPC and 294 IPC is a non- compoundable offence. However, if settlement is made, on the basis of which, the matter will accordingly be disposed of.
5. Mr. Sharma, the learned counsel for the respondent no. 2/informant victim of this case also submitted that during the pendency of the present case, the matter was sent for mediation, wherein the matter was already compromised and settled accordingly. He further submitted that in view of the settlement/compromise between the parties, the respondent has no objection if the case pending against the present petitioners is quashed, in terms of settlement between the parties.
6. Hearing the submission made by learned counsel for both sides, I have also perused the case record and the affidavit filed on behalf of the respondent no. 2, wherein it is stated that he has no objection, if the charge-sheet and other subsequent proceedings, pending against the present accused/petitioners in the Court of learned CJM at Kamrup, Amingaon is set aside and quashed.
7. Considering the submissions made by learned counsel for both sides and also considering the settlement arrived by both the parties before mediation as well as the compromise which is already taken place between the parties, this Court is of the opinion that the chances of conviction is very remote and bleak even if the proceeding is allowed to be continued, rather it will be an abuse of the process of the Court. As the parties have already settled the matter amicably, there is less chance of adducing evidence against the present petitioners by the respondent no. 2, even if the case is proceeded further.
8. Considering this aspect of the case and in view of the compromise/settlement between the parties, this Court is of the opinion that it Page No.# 4/4 is a fit case wherein the impugned PRC Case No. 628/2023 u/s 352/294/34 IPC and the Charge-Sheet No. 316/2023 and the subsequent proceeding pending before the learned CJM, Kamrup, Amingaon can be set aside and quashed by invoking power u/s 528 BNSS.
9. In view of this, the present criminal petition stands disposed of.
10. The criminal proceeding pending before the learned CJM, Amingaon, Kamrup in PRC Case No. 628/2023 is hereby set aside and quashed.
JUDGE Comparing Assistant