Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040017012025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./226/2025 Smti Karyum Bagra and Anr Daughter of Late Likar Bagra, Village Higi Bagra, PO and PS Aalo, West Siang District, Arunachal Pradesh 2: Bamo Ete Age: Occupation : Son of Shri Yomba Ete a resident of Rigo Jimar Village PO and PS Aalo West Siang District Arunachal Pradesh 79100 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Kebom Taso, Geken Ingo,Aruna Rai,Reken Ingo Advocate for the Respondent : P P of AP,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 13.11.2025
Heard Mr. K. Taso, learned counsel for the petitioners. Also heard Mr. T.
Page No.# 2/4 Ete, learned Additional Public Prosecutor for the State. 2. The instant petition under Section 528 of BNSS 2023 has been filed by the accused and the informant jointly seeking quashing of Aalo WPS Case No. 8 of 2024 which was registered on the basis of an FIR dated 09-05-2024 lodged by the petitioner No. 1 (corresponding G.R. case No. 46/2024). 3. After completion of investigation, the case resulted in a charge sheet being charge sheet No. 12 of 2024 under Section 379(B)/366/506 IPC. The allegations in the FIR are that petitioner No. 2, who was the boyfriend of petitioner No. 1, forcefully took her in a car to Tinsukia without her consent. Petitioner No. 2 allegedly snatched her mobile phone and did not allow petitioner No. 1 to contact her parents, which was not his normal behavior. Despite police warnings, petitioner No. 2 continued to torture her mentally. Consequently, petitioner No. 1 no longer wished to maintain any connection with petitioner No. 2 and requested the police to recover her essentials, mobile phone, and car from him. 4. It is now contended that the accused and the victim were having a relationship and due to some difficulties in the relationship, they became estranged. This was followed by the allegations pertaining to the incident whereby the petitioner No. 2, the accused is alleged to have forcefully taken away the victim from her workplace and taken her to Tinsukia. In support of this petition, it is stated that now both the parties have amicably settled the dispute and therefore, filing this joint petition, seek quashing of the proceedings. 5.
It is stated that subsequently, the accused and the victim, both of whom
Page No.# 3/4 are stated to be majors, have got married and at the time of filing the petition she was in an advanced stage of pregnancy. In this context, it is submitted by the learned counsel for the petitioner that meanwhile, the victim girl has given birth to a child and now the parties along with their newborn child are living happily together. It is contended that to fortify their amicable settlement, the parties had entered into an agreement, a copy of which has been annexed with this petition in which similar facts about reconciliation has been stated. 6. It is also stated in the agreement about the subsequent marriage of the parties and the pregnancy of the girl with delivery date fixed in the month of November. The said agreement has been annexed as Annexure 12 at page 66 of the criminal petition. The petitioner has also annexed some medical and health documents with regard to the child born to the parties. 7. I have perused Annexure 11 at page 83 in this regard which is a document issued from the health authority and it indicates the name of accused as the father of the child and the mother's name is mentioned as that of petitioner No.1. Also heard the learned Additional Public Prosecutor who submits that prosecution has no objection if the play of the petitioner is allowed. 8. In the given facts and circumstances, considering the subsequent developments and the present status of the parties, it would not be justified to allow the criminal prosecution to continue. 9. Accordingly, in exercise of powers u/s 528 BNSS, 2023, the criminal proceedings being Sessions Case No. 04/2025 [GR No. 46/2024; charge sheet No. 12/2024; Aalo WPS Case No. 08/2024] are hereby set aside and
Page No.# 4/4 quashed. 10. The criminal petition stands allowed and disposed of on the aforesaid terms. JUDGE Comparing Assistant