Page No.# 1/3 GAHC010098252025 2025:GAU-AS:7483 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./559/2025 JAGNESWAR UZIR S/O LATE ANANTA UZIR R/O VILL- KARDAIGURI,P.O. UTTAR KARDAIGURI P.S. PATACHARKUCHI, DIST. BAJALI, ASSAM PIN-781313 VERSUS THE STATE OF ASSAM AND 2 ORS REP BY THE PP, ASSAM 2:SMTI. DIPA KALITA (INFORMANT) W/O LATE HARESWAR KALITA R/O VILL- RAHADHAR BIRKALA P.O.RAHADHAR BIRKALA P.S. PATACHARKUCHI DIST. BAJALI ASSAM-781326 3:SMTI. SIMA KALITA (VICTIM) W/O SRI JAGNESWAR UZIR R/O VILL- RAHADHAR BIRKALA P.O.RAHADHAR BIRKALA P.S. PATACHARKUCHI DIST. BAJALI ASSAM-78132 Advocate for the Petitioner : MR. A GANGULY, MR T CHHETRI Advocate for the Respondent : PP, ASSAM, MR. T KALITA (R-2,3),MR. P P BORTHAKUR (R-2,3) Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 05.06.2025 Heard learned counsel, Mr A Gogoi, for the petitioner, Sri Jagneswar Uzir, who has filed this application under Section 528 of the BNSS, 2023, with prayer for quashing the proceeding in GR Case No. 548/2016, under Section 498(A)/377/506 of the Indian Penal Code, 1860, pending in the Court of learned JMFC, Bajali, Pathsala. 2. Heard learned Additional Public Prosecutor, Mr B Sarma, for the State respondent and learned counsel, Mr P P Borthakur, for the respondent Nos. 2 and 3. 3. Respondent No. 3 is the wife of the petitioner and respondent No. 2 is the victim’s mother. 4. I have considered the submissions at the Bar with circumspection. 5. It is submitted that both the parties have amicably settled their dispute and a Deed of Memorandum of Understanding (hereinafter, for short, ‘the MoU’) was executed between both the parties. Annexure-4 is the Deed of MoU, which reveals that both the parties have amicably settled their dispute and buried their hatchet. 6. I have scrutinized the entre Deed of MoU. 7. It appears that the possibility of conviction appears to be remote and bleak. The victim has executed the MoU and there may be no evidence against the petitioner. 8. It appears that further proceeding will indeed be an abuse of the Court. Page No.# 3/3 9. Learned counsel for the petitioner has relied on a decision of Hon’ble the Supreme Court in Narinder Singh & Ors.–Vs- State of Punjab & Anr.; reported in (2014) 6 SCC 466, wherein it was observed that- “On the other, those criminal cases having overwhelmingly and pre- dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.” 10. In the light of the decision of Hon’ble the Supreme Court in Narinder Singh (supra), this petition is allowed and the entire proceeding of GR Case No. 548/2016, is set aside and quashed. 11. In terms of the above observations, this petition stands disposed of. JUDGE Comparing Assistant