Page No.# 1/4 GAHC010075922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./424/2025 ASHADUL ISLAM AND ANR S/O ABDUL BAREK R/O PUTHIKHAITY PO RUPAHI PS RUPAHIHAT DIST NAGAON ASSAM PIN 782125 2: SAIF UDDIN ISLAM S/O ABDUL MOTIN R/O TILEACHAPARI PO SAIDARIA PS RUPAHIHAT DIST NAGON ASSAM PIN 78212 VERSUS THE STATE OF ASSAM AND ANR REP BY PP ASASM 2:RAKIBUL HUSSAIN MP DHUBRI HPC S/O LT NURUL HUSSAIN R/O BIMALA BORAH ROAD PO NAGON PS NAGAON DIST NAGON ASSAM PIN 78200 Advocate for the Petitioner : MR. A AHMED, MR. I U CHOWDHURY,MR. M A CHOUDHURY,MR A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, MR. M ALOM (R-2),MRS. S Y AHMED(R-2),MS. F H AHMED(R-2),MR. M K HUSSAIN(R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.04.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam and Mr. M. K. Hussain, learned counsel for the respondent No.2. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Nagaon P.S. Case No.147/2025. 3. On 21.02.2025, respondent No.2 lodged an FIR before Police. In the said FIR, the respondent No.2 alleged that as many as 22 persons, named in the FIR, had attacked him and physically manhandled him. 4. Out of the aforesaid 22 persons, 2 persons, namely, Ashadul Islam and Saif Uddin Islam have filed this application stating that they have compromised the matter with the respondent No.2. 5. Learned counsel for the respondent No.2 has submitted that the matter has been amicably settled between the parties. 6. Learned counsel for the petitioners had held upon a Judgment of the Hon’ble Supreme Court that was delivered in Narinder Singh & Ors vs. State of Punjab & Anr, (2014) 6 SCC 466 , Paragraph No.29 quoted as under: At this juncture, we would like also to add that the timing of settlement would also play a crucial role. If the settlement is arrived at immediately after the alleged commission of offence when the matter is still under investigation, the High Page No.# 3/4 Court may be somewhat liberal in accepting the settlement and quashing the proceedings/investigation. Of course, it would be after looking into the attendant circumstances as narrated in the previous para. Likewise, when challan is submitted but the charge has not been framed, the High Court may exercise its discretionary jurisdiction. However, at this stage, as mentioned above, since the report of the 1.0. under Section 173,Cr.P.C. is also placed before the Court it would become the bounding duty of the Court to go into the said report and the evidence collected, particularly the medical evidence relating to injury etc. sustained by the victim. This aspect, however, would be examined along with another important consideration, namely, in view of settlement between the parties. whether it would be unfair or contrary to interest of justice to continue with the criminal proceedings and whether possibility of conviction is remote and bleak. If the Court finds the answer to this question in affirmative, then also such a case would be a fit case for the High Court to give its stamp of approval to the compromise arrived at between the parties, inasmuch as in such cases no useful purpose would be served in carrying out the criminal proceedings which in all likelihood would end in acquittal, in any case. 7. Learned Additional Public Prosecutor submits that the respondent No.2 sustained simple injuries only. 8. I have considered the submissions made by learned counsel for both the sides. 9. The parties have settled the matter and at an initial stage. 10. According the Hon’ble Supreme Court in such matters, the High Court should be somewhat liberal in accepting the settlement and in quashing the proceedings/investigation. Moreover, the respondent No.2 sustained simple injuries. 11. This Court is of the opinion that under the given circumstances, this is the fit Page No.# 4/4 case for exercising power under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023. 12. Therefore the Criminal Petition is allowed. 13. The Criminal proceedings in respect of Nagaon P.S. Case No.147/2025 against the present petitioners Ashadul Islam and Saif Uddin Islam are set aside. 14. The connected FIR in respect of only these two petitioners is also set aside. 15. With the aforesaid direction, the Criminal Petition stands disposed of. 16. The investigation will continue against the other accused persons. JUDGE Comparing Assistant