Page No.# 1/4 GAHC010220512025 2025:GAU-AS:13663 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1231/2025 ESMINARA BEGUM ALIAS ASMINARA BEGUM AND ANR WIFE OF ABUL HUSSAIN ALIAS ABUL HUSEN, RESIDENT OFVILLAGE - GALIA, P.O. - KALGACHIA, P.S. - HOWLI, DIST. - BARPETA, ASSAM, PIN -781314 PRESENTLY RESIDING AT KALIMADIR PATH, BEHARBARI, GUWAHATI, DISTRICT- KAMRUP (M), ASSAM. 2: ABUL HUSSAIN SON OF ABDUL AZIZ BOTH ARE RESIDENT OFVILLAGE - GALIA P.O. - KALGACHIA P.S. - HOWLI DIST. - BARPETA ASSAM PIN -781314 PRESENTLY RESIDING AT KALIMADIR PATH BEHARBARI GUWAHATI DISTRICT- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. K M HASSAN, MS. S NAZNEEN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 13.10.2025 1. Heard Mr. K.M Hassan, learned counsel for the petitioner. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. By this instant application filed under Section 528 of the BNSS, 2023 the petitioner has sought for quashing of the PRC Case No. 4865/2025 pending before the Ld. J.M.F.C, Barpeta arising out of Howly P.S Case No. 129/2022 dated 09/09/2023 registered under Section 498(A) IPC (corresponding GR 1684/2022). The petitioner has also sought for quashing of the charge-sheet being charge-sheet No. 109/2023 dated 23.09.2023 submitted in connection with the aforementioned case as well as the cognizance order dated 23.07.2025 by which the Ld. J.M.F.C, Barpeta took cognizance against petitioner No. 2 for offence under Section 498A of IPC. Petitioner No. 1 is the complainant in the instant case and petitioner No. 2 is the accused person and both the petitioners have filed joint petition before this Court. 3. Mr. K.M Hassan, learned counsel for the petitioner has placed the ejahar filed by the petitioner No. 1 against the petitioner No. 2 i.e. her husband wherein petitioner No. 1 stated that her marriage was solemnized with the accused and that during her marriage, she was blessed with three children and that further, petitioner No. 2 is alleged to have tortured her physically and mentally for the reason that he suspects her with her character and that on 08.09.2022, petitioner No. 2 assaulted her and drove her out. Mr. Mr. K.M Hassan, learned counsel for the petitioner further states that in pursuant to the said FIR, the police conducted the Page No.# 3/4 investigation and submitted charge-sheet on 23.09.2022 without taking into consideration that in the meantime, petitioner No. 1 had returned to the house of petitioner No. 2 and had stayed as husband and wife happily. He submits that although the said fact was stated to the police but the police submitted the charge-sheet against the petitioner No. 2. Pursuant thereto, on 23.07.2025, the Ld. Court of J.M.F.C, Barpeta, on perusal of the Case Record and the Case Diary as well as the charge- sheet took cognizance of the offence under Section 498A of IPC against the petitioner No. 2. Being aggrieved by the said actions, the petitioners, both the complainant and the accused person have filed the instant petition before this Court. 4. The petitioners have pleaded in the instant case more specifically at paragraph 6 onwards that they are residing at Guwahati by running a small business as husband and wife and that their relationship is cordial and peaceful. Petitioner No. 1 specifically stated that an untoward incident took place on 08.09.2022 because of which she had to leave to her paternal house and during the said stay, when both the petitioners spoke with each other, there was a misunderstanding and the FIR was lodged and that she returned to her matrimonial house a week thereafter and that till date no such occurrence have taken place between them and that they are living happily and peacefully as husband and wife in their own house with their children. 5. The petitioner’s have also stated that they have gone and informed the police officer about the said fact of staying together and that no unpleasant occurrence have happened between them and it was only due to misunderstanding that the FIR was lodged. But the police instead of submitting the final report had filed the charge-sheet against petitioner No. 2. The petitioners have pleaded that having no alternative, they Page No.# 4/4 approached this Court under Section 528 of the BNSS, 2023 to quash the entire proceeding of the PRC Case No. 4865/2025 pending before the Ld. J.M.F.C, Barpeta. 6. In view of the said pleadings and in view of the facts that both the petitioners have approached this Court together and that they are husband and wife and they have pleaded in the instant case that due to misunderstanding, petitioner No. 1 had lodged the case against petitioner No. 2 and that they are as of date staying together peacefully as husband and wife with their children, this Court finds it fit that the instant case may be quashed for the ends of justice. As such, this Court quashes the FIR dated 09.09.2022 resulting in registration of the Howly PS Case No. 129/2022 under Section 498A IPC as well as the charge-sheet being charge-sheet No. 109/2023 dated 23.09.2023 and the PRC Case No. 4865/2025 with all the consequential orders. 7. In view of the above observations, petition stands disposed of. JUDGE Comparing Assistant