Page No.# 1/5 GAHC010224852025 2025:GAU-AS:13709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1248/2025 NUR UDDIN AND 2 ORS. SON OF AB DUL MALEK, RESIDENT OF VILLAGE UDALI BAZAR, PO LANKA, PS LANKA, DIST HOJAI, ASSAM, PIN 782446 2: ABDUL MALLEK S/O LT. MANNAS ALI RESIDENT OF VILLAGE UDALI BAZAR PO AND PS LANKA DISTRICT HOJAI ASSAM 3: SAHIDA BEGUM D/O SAHAB UDDIN RESIDENT OF VILLAGE UDALI BAZAR PO AND PS LANKA DIST HOJAI ASSA VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:FAKRUL ISLAM RESIDENT OF VILLAGE KACHARIGAON PS LANKA PO LANKA DIST HOJAI ASSA Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 14.10.2025 1. Heard Mr. D.K Agarwala, learned counsel for the petitioner. Also heard Ms. S.H Borah, learned Additional Public Prosecutor for the State of Assam. 2. The instant application has been filed under Section 528 of the BNSS, 2023 by the petitioners seeking quashing of the criminal proceedings in Special (POCSO) Case No. 126/2024 pending before the Court of Ld. Additional District & Sessions Judge, Hojai. 3. The petition is filed by both the accused person and the victim and are arrayed as petitioner No. 1 & 3 and petitioner No. 2 is the father of petitioner No. 1. The FIR dated 03.02.2023 lodged by one Fakrul Islam reveals that the daughter of one Sahabuddin was forcefully married to petitioner No. 1 who was around 21 years of age. It was also stated that the victim was forcefully married to petitioner No. 1 in lieu of money which was offered to her parents. However, it is seen in the FIR that the age of the victim was mentioned as 18 years. The police on receipt of the said ejahar conducted the investigation and submitted the charge-sheet vide charge-sheet No. 152/2023 dated 30.04.2023 against petitioner No. 1 and his father under Section 376 IPC R/W Section 9 of the Prohibition of Child Marriage Act R/W Section 4 & 17 of the POCSO Page No.# 3/5 Act. It is this FIR and the charge-sheet which are challenged by the petitioners on the ground that petitioner No. 1 & 3 are married and are residing peacefully as husband and wife. 4. Mr. D.K Agarwala, learned counsel for the petitioners submits that the victim was not minor at the time of the occurrence in as much as he has annexed the school certificate in which it is shown that her date of birth was 01.02.2005 and the occurrence i.e. lodging of the FIR being on 03.02.2023, the victim would be 18 years 2 days of age and as such, he submits that the victim is not a minor although offences under the POCSO Act have been arrayed both in the FIR as well as in the charge-sheet. He, as such, submits that there is no offence committed by the petitioner No. 1 and that petitioner No. 1 & 3 are married and on the said ground he has prayed that the FIR as well as the charge-sheet as well as the subsequent proceedings may be quashed. 5. Ms. S.H Borah, learned Additional Public Prosecutor for the State of Assam, however, submits that the provisions under the POCSO Act are attracted in the instant case and the same are being registered against the petitioner and his father i.e. petitioner No. 2. As such, she has prayed for calling of the records as well as service of notice upon the informant who had lodged the ejahar. 6. I have heard learned counsel of both sides and have carefully gone through the records. It is noticed that the informant is not related to any of the parties be it the accused person or the victim. He was informed that the victim was forcefully married to petitioner Page No.# 4/5 No. 1 and on the said information he lodged the ejahar i.e. on 03.02.2023. It is also noticed that the victim and the petitioner are a married couple and the same are the pleaded case of the petitioners, more so the same is reflected in paragraph No. 8 & 9. In the said paragraphs it is submitted by the petitioners that petitioner No. 1 & 3 are living together as husband and wife and are enjoying their conjugal rights. Further, the continuation of the criminal proceedings against petitioner No. 1 & 2 would only tantamount to an abuse of the process of law since petitioner No. 1 & 3 are a married couple and are continuing with their married life. Further, it is submitted that the continuation of the said criminal proceedings would destroy the marital life of petitioner No. 1 & 3. 7. It is a settled position of law that in respect of matrimonial issues or cases of like nature, the parties might enter into settlement and the said settlement may be accepted by the Courts of Law. In the instant case, the parties have not entered into any settlement but they are married with each other i.e. petitioner No. 1 & 3 and are continuing with their married life. Further, it is seen that the victim was not minor at the time of lodging of the ejahar as could be seen from the school certificate that the petitioners have annexed with the said petition wherein it shows that the victim was 18 years and 2 days at the time of lodging of the ejahar. 8. In view of the same, this Court finds it fit that the FIR as well as the charge-sheet in the instant case may be quashed for the ends of justice. Page No.# 5/5 9. Accordingly, the FIR dated 03.02.2023 resulting in Lanka PS Case No. 75/2023 as well as the charge-sheet being charge-sheet No. 152/2023 dated 30.04.2023 be quashed and set aside together with any further proceedings. 10. Petition is disposed of. JUDGE Comparing Assistant