Page No.# 1/3 GAHC010068772025 2025:GAU-AS:7191 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./393/2025 SWMKHWR CH BORO AND 2 ORS. SON OF PUTUL CHANDRA BORO, A RESIDENT OF VILL- BALAHATI, P.S. GORESWAR, DIST.- TAMULPUR PIN- 781367, ASSAM. 2: SUBAN CH. BORO SON OF PUTUL CHANDRA BORO A RESIDENT OF VILL- BALAHATI P.S. GORESWAR DIST.- TAMULPUR PIN- 781367 ASSAM. 3: SABITA BORO @ HANJA BORO DAUGHTER OF PUTUL CHANDRA BORO A RESIDENT OF VILL- BALAHATI P.S. GORESWAR DIST.- TAMULPUR PIN- 781367 ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR G BORDOLOI, N J DAIMARI,P BARO Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 02-06-2025 Heard Mr. G. Bordoloi, learned counsel for the petitioner Nos. 1. Swmkhwr Ch. Boro, 2. Suban Ch. Boro and 3. Sabita Boro @ Hanja Boro, who have filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for quashing the FIR registered as Goreswar Police Station Case No. 51/2024 under Section 108 and 80 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, who has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioners. The victim Fwisali Boro was impelled to commit suicide due to the cruelty extended to her. The statements of the witnesses clearly implicate the petitioners. This is not a case of quashing the FIR considering the gravity of offence. This case cannot be considered to be a case which will be an abuse of the process of the Court. 3. Per contra, learned counsel for the petitioners has submitted that the victim has committed suicide as she was caught red handed while indulging in an illicit affair with another person. As she was embarrassed, she committed suicide without any inducement from any quarter. 4. I have scrutinized the Case Diary and I have also considered the submissions at the bar with circumspection. I have also considered the gravity of offence. At this juncture, the possibility of conviction does not appear to be remote or bleak as investigation has not commenced and charge sheet has not Page No.# 3/3 yet been submitted. It cannot be preempted at this juncture that there is possibility of acquittal and further proceeding will be an abuse of the process of the Court. 5. In the wake of the foregoing discussions and considering the submissions, there appears to be no justified ground to quash the FIR. 6. In terms of the above observation, this petition stands disposed of. 7. Send back the Case Diary. JUDGE Comparing Assistant