Page No.# 1/4 GAHC010198542025 2025:GAU-AS:13711 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1105/2025 SAFIQUL ALIAS SAFIKUL ISLAM AND 3 ORS SON OF AKBAR ALI R/O GOTABARI, P.S. SUKCHAR MANKACHAR, DIST. DHUBRI, ASSAM, PIN-783131 2: MOFIDUL ALI C/O KAMALA KHATUN R/O VILL- MAZDIA CHENGA MAZDIA P.S. BARPETA DIST. BARPETA ASSAM PIN-781301. 3: SAHIDUR RAHMAN S/O AKBAR ALI VILL- GOTABARI P.S. SUKCHAR PIN-783131 DIST. DHUBRI ASSAM 4: BHARAT DHALI S/O RUMONI DHALI R/O H/NO. 08 VEVEKANDA PATH LALGANESH ROAD P.S. BHANGAGARH Page No.# 2/4 DIST. KAMRUP (M) ASSAM PIN-78100 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. A GANGULY, MR. A DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 14.10.2025 1. Heard Mr. A Dutta, learned counsel for the petitioners. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 528 of the BNSS, 2023 the petitioners have prayed for setting aside and quashing of the FIR being registered as Bhangagarh PS Case No. 138/2025 under Section 126(2)/118(2)/109/3(5) of the BNS, 2023 and all impugned proceedings arising therefrom. 3. It be stated here that both the victim and the complainant have come before this Court by filing a joint petition for quashing of the said FIR on the ground of settlement. The FIR dated 15.08.2025 lodged by petitioner No. 4 reveals that at around 2:00 PM on 14.08.2025 while his son was on duty, a gang of 6-7 persons Page No.# 3/4 surrounded him near a hospital and by pushing him down beat him up with a stick and caused grievous injuries and that he was rushed to the GMCH for treatment. The police on receipt of the FIR registered the case under the aforementioned Sections of law. 4. Mr. A Dutta, learned counsel for the petitioners submits that there was a misunderstanding between the parties and the said FIR was lodged and that he states that a deed of settlement was entered into between the parties on 28.08.2025 between the complainant and petitioner No. 1. As such, he submits that the instant FIR may be quashed as the same would not lead to any proper results. 5. Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam, however on perusal of the Case Diary, submits that although in the FIR it is written that the victim had suffered grievous injuries but it is seen from the medical report that the victim had suffered simple injuries. He also submits that the statement of the victim shows that all the petitioners are involved in beating him up in the said place of occurrence. He also submits that Section 109 is incorporated in the instant case which is a serious offence and settlement cannot be reached for the same between the parties. 6. I have heard learned counsel for both parties and have carefully gone through the records. It is noticed that the informant and other accused persons have filed the instant petition jointly and have prayed on the basis of this deed of settlement that the FIR may be quashed for the ends of justice. Page No.# 4/4 7. In the deed of settlement, it was stipulated that there was misunderstanding and a sudden altercation between the parties concerned and for that the life of the party concerned may not be spoilt. It is also stated in the said agreement that the complainant, after speaking to his son, has realized that the FIR should not have been lodged against the petitioners no. 1, 2 & 3 with such serious allegations and that he agrees that the same may be withdrawn for the ends of justice. 8. The petitioners apart from the said deed of settlement have also pleaded in the said petition, more specifically in paragraph No. 5, 6 & 7 that the entire incident have taken place due to misunderstanding and at the spur of the moment and have agreed to end the enmity amongst them. 9. In view of the same, this Court finds it fit that the FIR may be quashed for the ends of justice. 10. Accordingly, the FIR registered at Bhangagarh Police Station being Bhangagarh PS Case No. 138/2025 registered under Section 126(2)/118(2)/109/3(5) of the BNS on 15.08.2025 is quashed. 11. Petition stands disposed of. JUDGE Comparing Assistant