Page No.# 1/4 GAHC010178272025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1009/2025 HABIB BADRUZZAMAN KHAN @ HABIB B KHAN S/O- BADRUZZAMAN KHAN. R/O- FLAT NO.1002,10TH FLOOR, AZIZ CASTLE,78, DR NAIR ROAD, OPP. NAIR HOSPITAL, MUMBAI CENTRAL , MUMBAI-400008, MAHARASTRA. VERSUS THE STATE OF ASSAM AND ORS REP. BY THE PP, ASSAM 2:RUHUL AMIN TALUKDAR S/O- LATE ABDUL ROUF. R/O- ROOM NO.14 ABADEEL COMPOUND GATE NO.7 MALWANI COLONY MALAD(WEST) MUMBAI-400095 MAHARASTRA. ALSO RESIDING AT - FCI ROAD PACH ALI C/O- ADV. FAIZUL MIA P.S.- HOJAI DIST.- HOJAI ASSAM. 3:FAKHAR UDDIN AHMED. S/O- MOKHLISHUR RAHMAN. R/O- VILL.- BORHAWAR P.S.- MURAJHAR Page No.# 2/4 DIST.- HOJAI ASSA Advocate for the Petitioner : MR. D K BAIDYA, MR. M S HUSSAIN,MS. C CHOUDHURY,A. M. BORA Advocate for the Respondent : PP, ASSAM, MR S GAUTAM(R-2),MR. K M MAHANTA (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 27.04.2026 1. Heard learned Senior Counsel Mr. A. M. Bora assisted by learned counsel Mr. D. K. Baidya for the petitioner Habib Badruzzaman Khan @Habib B Khan who has filed this application under Section 528 of the BNSS, 2023 with prayer for quashing the impugned FIR, charge-sheet, Order of cognizance and the entire proceedings of PRC Case No. 316/2022 pending in the Court of Learned Judicial Magistrate, Hojai. 2. Heard learned Additional Public Prosecutor, Mr. B. Sharma for the respondent State and learned counsel Mr. K. M. Mahanta for the informant, Ruhul Amon Talukdar and Fakhar Uddin Ahmed. 3. I have considered the submissions at the Bar with circumspection. 4. Both the parties have amicably settled their dispute. Charge-sheet has been laid against other accused also, but the present petitioner, the informant and the victim have settled their dispute amicably. 5. Learned counsel for the respondent Nos. 2 & 3 has submitted that he has no objection if the proceedings of PRC Case No. 316/2022 under Sections 120B/307/341/326/34 of the IPC is quashed so far as the present petitioner is Page No.# 3/4 concerned, as he is not willing to proceed against him, but he will proceed against the other accused against whom charge-sheet has been laid. 6. Learned Senior Counsel for the petitioner has relied on the decision of the Hon'ble Supreme Court in Naushey Ali & Ors Vs. The State of U.P. & Anr in Criminal Appeal No. 660/2025 arising out of SLP Crl. No. 3432/2023, wherein vide order dated 11.02.2025, it has been held that:- “2. The present appeal calls in question the correctness of the order dated 19.01.2023 in Application under Section 482 CrPC. No. 1315 of 2023 on the file of the High Court of Judicature at Allahabad. By the said order, the High Court, by holding that a case involving allegation of Commission of offence under Section 307 of the Indian Penal Code, 1860 (for short 'IPC') cannot be compounded, dismissed the application under Section 482 Cr.P.C., seeking quashment of proceedings. Five of the eight appellants before the High Court - Naushey Alı. Khushboo Ali, Khursheed, Raza Ali and Nanhe are before this Court in Appeal. The other three have passed away. ***** ***** ***** 23. Considering the special features of the case and taking the settlement on record and applying the law, we find that this is a fit case where proceedings in complaint case No. 8023 of 2015 arising out of Case Crime No. 248 of 1991 pending in the Court of Additional Chief Judicial Magistrate, Court No.5, Moradabad should be quashed. 24. In view of the above, we allow the Appeal. The order of the High Court in application under Section 482 Cr.P.C. No. 1315 of 2023 dated 19.01.2023 shall stand set aside and proceeding in Complaint Case No. 8023 of 2015 arising out of Case Crime No. 248 of 1991 pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Moradabad shall stand quashed.” 7. As the injured himself is not willing to proceed against the present petitioner, possibility of conviction thus appears to be remote and bleak. 8. Further proceedings will indeed be an abuse of the process of the Court. In the light of the decision of the Hon'ble Supreme Court in Naushey Ali & Ors (Supra), the proceedings so far as the present petitioner, Habib Badruzzaman Page No.# 4/4 Khan @Habib B Khan is concerned, is set aside and quashed. The PRC No. 316/2022 will proceed against the other accused. 9. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant