Page No.# 1/5 GAHC010236472025 2025:GAU-AS:14391 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1298/2025 GULJAR HUSSAIN ALIAS GULZAR HUSASIN AND 4 ORS. S/O ATAUR RAHMAN RESIDENT OF VILLAGE MEHERIPAR, PS JURIA, DIST NAGAON, ASSAM 2: ATAUR RAHMAN S/O LATE MOIJUDDIN RESIDENT OF VILLAGE MEHERIPAR PS JURIA DIST NAGAON ASSAM 3: JAFAR ALI S/O LATE KURBAN ALI RESIDENT OF VILLAGE MEHERIPAR PS JURIA DIST NAGAON ASSAM 4: ISA HOQUE ALIAS ISA HOQUE ALI S/O LATE HASEN ALI RESIDENT OF VILLAGE MEHERIPAR PS JURIA DIST NAGAON ASSAM 5: SAHERA KHATUN D/O JAFAR ALI W/O GULJAR HUSSAIN @ GULZAR HUSSAIN RESIDENT OF VILLAGE MEHERIPAR PS JURIA DIST NAGAON ASSA VERSUS Page No.# 2/5 THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SAYED AHMED S/O LT. SHIRAJUL ALAM RESIDENT OF VILL JAHAJAN PS JURIA DIST NAGAON ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. A TARAFDAR,MD A RAHMAN,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.10.2025 1. Heard Mr. S Nawaz, learned counsel for the petitioners. Also heard Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 528 of the BNSS, 2023 the petitioners have prayed for quashing of the criminal proceedings in Special POCSO Case No. 108/2025 pending before the Ld. Additional Sessions Judge No. 1 cum Special Judge, POCSO, Nagaon, Assam. 3. It be stated here that the instant petition is a joint petition filed by the accused person, the victim and his/her parents. 4. The FIR dated 02.02.2023, lodged by one Sayed Ahmed reveal that on a confidential information about marriage of a girl, forcefully solemnized with an adult person by the conspiracy and abatement of parents of both the victim and the groom, an FIR was lodged. It is also stated that at the Page No.# 3/5 time of solemnizing the marriage, the age of the victim girl was 16+ years. 5. Mr. S Nawaz, learned counsel for the petitioners submits that the petitioner No. 1, who is the husband of the victim, who is arrayed as petitioner No. 5, have married and staying as husband and wife and out of the said wedlock, there is one child. He places reliance on the deed of agreement entered into by the victim, petitioner No. 5 who had stated that she had married the petitioner and that she is staying happily with her husband at her matrimonial house and that it was a love affair with her husband and she eloped with him. She further stated that the case has been registered and the charge-sheet has been submitted and that she has no objection if the said case is quashed. 6. Mr. S Nawaz, learned counsel for the petitioners has also placed pleadings in the said petition wherein it is stated that the petitioner No. 5 i.e. the victim was aged 20 years 8 months and 19 days at the time of filing of the petition and that she attained majority on 05.02.2023. Mr. S Nawaz also submits that that the petitioner No. 1 & 5 are living together as husband and wife, enjoying their conjugal rights and that they have a 2 year old boy. As such, he submits that there would be no purpose in prosecuting the petitioner and others. 7. Mr. K.K Parashar, learned Additional Public Prosecutor for the State of Assam, on the other hand, submits that the victim was minor when she married the petitioner No. 1 and as such, the offence is well meted out in the instant case. 8. I have heard learned counsel for both sides and have carefully gone through the records. It is no Res Integra that cases of matrimonial nature may be settled between the parties more so if the facts reveal that the Page No.# 4/5 prosecution, if it takes place, may not lead to any results. The Hon’ble Apex Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. V. State of Gujarat reported in (2017) 9 SCC 641 had observed that under Section 482, while dealing with a plea that a dispute has been settled, the High Court must give due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder or rape cannot appropriately be quashed, though the victim or the family of the victim had settled the dispute. However, it is stated that where the criminal cases has an overwhelming and predominant element of family disputes or of civil nature, the High Court should be at liberty to quash the same, in view of the settlement reached between the parties, more so when the possibility of the conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice. 9. In the instant case it is seen that the petitioner No. 5 i.e. the victim had married petitioner No. 1 in the year 2021 and has been leading a marital life happily with petitioner No. 1 and has a child out of the said wedlock. She has also filed an affidavit stating that she is happily married with the petitioner No. 1. 10. In view of the facts, this Court finds it fit that the Special POCSO Case No. 108/2025 pending before the Ld. Additional Sessions Judge No. 1 cum Special Judge, POCSO, Nagaon, Assam along with the P.S Case No. 39/2023 as well as the charge-sheet No. 83/2023 dated 31.03.2023 along with subsequent orders passed in the aforesaid case be quashed, for the ends of justice. 11. Petition is disposed of. Page No.# 5/5 JUDGE Comparing Assistant