Page No.# 1/4 GAHC010234132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1477/2025 AMAL BORAH AND 2 ORS S/O LATE KUSHAL BORAH R/O DERGAON TOWN, WARD NO. 2, P.O.AND P.S. DERGAON,DIST. GOLAGHAT, ASSAM 2: SONGITA BORUAH BORAH W/O SRI AMAL BORAHR/O DERGAON TOWN WARD NO. 2 P.O.AND P.S. DERGAON DIST. GOLAGHAT ASSAM 3: KORISHMITA BORAH D/O PORISIDHA BORAHR/O DADHORA AHOM GAON P.O. DADHORA PO.S. DERGAON DIST. GOLAGHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY LEARNED PP, ASSAM Advocate for the Petitioner : MR. N HASAN, MR SUBHRAJIT SAIKIA,MR. A HASAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.11.2025 1. Heard Mr. N. Hasan, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned APP for the State. 2. By this application, filed under Section 528 read with Sections 438 and 442 of the BNSS, 2023, the petitioners have prayed for quashing the criminal proceedings in PRC Case No. 457/2024, registered under Sections 406/420/468 of the IPC, pending before the Court of the learned Additional Chief Judicial Magistrate, Golaghat. 3. This is a joint petition filed by both accused persons and the informant on the basis of the settlement reached between the parties. 4. The FIR dated 17.01.2024 reveals that the informant, seeking to undergo training at Songita Nursing Training Institute, Dergaon, was asked by the owner of the institute, i.e., the petitioners, to pay Rs. 1,500/- for admission, Rs. 600/- as tuition fees, and Rs. 10,000/- for the issuance of a certificate. 5. It is alleged that the institute issued a forged certificate and thereby cheated and defrauded the innocent girl students. The informant further stated that on inquiry she came to know that the institute was operating illegally without proper documents. The police, upon completion of the investigation, submitted a charge-sheet against the petitioners on 18.02.2024 under Sections 406/420/468 of the IPC. However, Mr. Hasan, learned counsel, submits that there is a misunderstanding between the petitioners and the informant, as the institute is stated to have been registered under the Dergaon Municipal Board, and the relevant documents have been annexed as Annexure-V to the petition. Page No.# 3/4 6. Mr. Hasan also places before the Court an affidavit executed by the informant, stating, inter alia, that she and petitioner Nos. 1 and 2 have amicably settled the issue and do not wish to pursue the case any further. The affidavit is annexed as Annexure-IV to the instant petition. 7. Mr. K.K. Parasar, learned APP, submits that since the petition has been filed jointly by the informant and the accused persons, and there are documents showing that the institute has been registered under the Dergaon Municipal Board, the settlement cannot be termed as illegal. 8. It is well-settled that cases of a personal nature can be settled between the parties by taking recourse to the inherent powers exercised by the High Court. In the instant case, it is seen that the accused persons, i.e., petitioner Nos. 1 and 2, and the informant, i.e., petitioner No. 3, have entered into a settlement, and the issues have been amicably resolved between them. In view of this, there appears to be no justification for the continuation of the proceedings, as they are unlikely to produce any fruitful result. In Parbat Bhai vs. State of Gujarat reported in (2017) 9 SCC 641, the Apex Court observed that the inherent powers of the Court are wide in ambit and must be exercised to secure the ends of justice and to prevent abuse of the process of any court. 9. It is further observed that under the inherent powers of the High Court under Section 482 of the CrPC, the Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving moral turpitude, or offences such as murder, rape, and dacoity, cannot be quashed even if a settlement is reached. However, offences which do not have a serious impact on society may be settled amicably between the parties. 10. In view of the above, this Court finds it fit to quash and set aside the Page No.# 4/4 instant case, i.e., PRC Case No. 457/2024, pending before the Court of the learned Additional Chief Judicial Magistrate, Golaghat, in the interest of justice. 11. The instant petition is disposed of. JUDGE Comparing Assistant