Page No.# 1/5 GAHC010161752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./901/2025 NADIRSA ALOM @ NADIR SAH ALOM AND ORS S/O- ABU SARMA AHMED. R/O- NO.1, DAKHIN RANGAPANI, P.S.- BOKO, DIST.- KAMRUP. 2: AMOD ALI S/O- ABU SARMA AHMED. R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 3: HUMAYUN KOBIR @ HUMAYUN ALI. S/O- ABU SARMA AHMED. R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 4: ABDUL BARIK @ ABDUL BAREK S/O- ABU SARMA AHMED. R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 5: ABU SAYED ANSARY @ ABU SAID. S/O- ABU SARMA AHMED. R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 6: MONJUR HASSAN @ MONJURUL ALOM S/O- NURUL AMIN. Page No.# 2/5 R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 7: SAIFUL ISLAM S/O- LATE JOHIR UDDIN. R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 8: ARIFUL ISLAM S/O- MEHER ALI R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP. 9: MEHER ALI. S/O- LATE NABAB ALI. R/O- NO.1 DAKHIN RANGAPANI P.S.- BOKO DIST.- KAMRUP VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:JAHIDUL ISLAM S/O- ABBAS ALI. R/O- VILL.- 2 NO. TUPAMARI P.S.- NAGARBERA DIST.- KAMRUP ASSAM Advocate for the Petitioner : MR. M H LASKAR, MS. A SULTANA,MR. S ROY Advocate for the Respondent : PP, ASSAM, H BHUYAN (R-2) Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18 .09. 2025 Heard Mr. M.H. Laskar, learned counsel for the petitioners and Mr. H. Bhuyan, learned for the respondent respondent No. 2/ informant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 528 of the BNSS has been preferred by the petitioners, seeking quashment of the FIR vide Nagarbera P.S. Case No. 09/2024 dated 16.10.2024, charge Sheet No. 07/2024, dated 31.01.2024 and subsequent criminal proceeding in PRC Case No. 302/2024, pending in the court of the leaned JMFC, Boko, Kamrup. It is submitted on behalf of the learned counsel for the petitioners that the dispute arose due to misunderstanding and misreporting of the facts by certain persons, which caused for lodging of the FIR. In this case the present respondent No. 2 namely Jahidul Islam lodged an FIR on 16.01.2024 at Nagarbera P.S. against the petitioner No. 1 and his other companions who started collection of donation from the shopkeepers in the market and his uncle being one of the vegetable seller of the market, on refusing to fulfill the said demand, the accused No. 1 and his companions have abused and threatened his uncle and on 15.01.2024 at about 8.30 pm when the informant’s uncle was returning home after closing the vegetable shop, the accused persons restrained him near the bridge of Bazar and caught hold his neck and injured him and snatched away Rs. 2,500/- alongwith some coins. The Page No.# 4/5 informant’s uncle ran away and took shelter in nearby shops and the accused persons armed with dao and lathi came to attack him but local people restrained them. Thereafter, the present petitioners instituted the instant petition for quashment of the FIR vide Nagarbera P.S. Case No. 09/2024 dated 16.10.2024, charge Sheet No. 07/2024, dated 31.01.2024 and subsequent criminal proceeding in PRC Case No. 302/2024, pending in the court of the leaned JMFC, Boko, Kamrup. Affidavit has been filed by the informant as well as the victim stating inter alia that in the incident, marpit took place between two groups on the date of occurrence and noticing the same the victim tried to run away from the market and sustained simple injuries by falling on the ground and also lodged his hand bag containing Rs. 2,500/- Subsequently, the victim knows that informant lodged an FIR on wrong information received from a group of persons. The learned counsel for the informant submitted that the accused persons are innocent and the informant side has no grievance against them. It is also stated that the affidavit has been sworn voluntarily without any force or undue influence. The learned counsel representing the petitioners as well as informant side submitted that the matter has been settled between the parties and the criminal proceeding may not be allowed to continue any further. Having regard to the above, I am of the considered view that allowing the criminal petition to continue would amount to abuse of the process of the court. Accordingly, the prayer for quashment as prayed for is allowed. The impugned FIR vide Nagarbera P.S. Case No. 09/2024 dated 16.10.2024, charge Sheet No. 07/2024, dated 31.01.2024, criminal proceeding Page No.# 5/5 in PRC Case No. 302/2024 and the consequent proceedings, pending in the court of the leaned JMFC, Boko, Kamrup stands quashed. The criminal petition stands disposed of. JUDGE Comparing Assistant