Page No.# 1/5 GAHC040004152025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./53/2025 Demson Terang and Anr Son of Late Jari Terang, resident of Ganga Basti, O RK Mission, PS Chimpu, Papum Pare District, Arunachal Pradesh, representing minor victim Miss Anjali Terang 2: Ajay Chaudhury Age: Occupation : Son of Shri Udaiveer Chaudhury resident of Vilalge Karab PO and PS Karab Mathura District Uttar Prades VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Pekyum Tamin, N Maj Advocate for the Respondent : P P of AP, Page No.# 2/5 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.03.2025 Heard Mr. P. Tamin, the learned counsel appearing for the petitioners. Also heard Ms. T. Jini, the Public Prosecutor, State of Arunachal Pradesh. 2. This is a joint application under Section 528 of the BNSS, 2023 praying for quashing the FIR relating to Itanagar W.P.S. Case No.57/2023 (corresponding to G.R. No.427/2023). 3. A 15 year old girl got introduced to the 20 year old second petitioner Ajay Choudhury in Facebook. They had spent long time talking to each other. Their relationship blossomed into love. The girl hails from Itanagar whereas the boy hails from the State of Uttar Pradesh. On 7th June, 2023, the boy left his house in order to came to Itanagar to meet the girl. On reaching Itanagar, the boy met the girl but before that, the boy had asked the girl to bring her Aadhaar Card and the SIM card. When the girl met the boy, he took the Aadhaar Card and the SIM card. The boy asked the girl to go with him. Initially, the girl was reluctant to go with him but subsequently she agreed. Both of them, boarded a train at Naharlagun. They got down from the train at Assam. Fromthere, they boarded a bus in order to return to Itanagar. When the bus reached Mangaldai Town in Assam, one co-passenger, being an elderly person, became suspicious about their antecedents. Therefore, he started questioning the boy and the girl. He was unsatisfied with their answers. Therefore, he handed the boy and the girl over to police at Mangaldai Town. Thereafter, the police of Mangaldai Police Station informed the Itanagar Police Station and in this way, the father of the girl being the first petitioner in this case came to know about the said Page No.# 3/5 occurrence. 4. He lodged an FIR before police alleging that his daughter was kidnapped by the second petitioner. 5. Now, the father of the girl and the aforementioned boy have jointly filed this application stating that they have decided not to proceed further with this case. The father of the girl has submitted that the boy is now 22 years old and his daughter is now 17 years old and they have a bright future lying ahead with them. He further claimed that they are also doing their studies well. The main contention of the father of the girl is that he does want to proceed further with this case because the future of his daughter might be disturbed if the criminal proceeding continues before the trial court. 6. Ms. Jini has objected to this application on the ground that the boy had kidnapped a minor girl. 7. Mr. Tamin has pointed out to the statement of the girl made before police. The learned counsel submitted that the boy never touched the girl, not to talk about forcing the girl for physical relation. According to the learned counsel, the entire incident took place because of immature minds of the boy and the girl. 8. I have given my anxious considerations to the submissions made by the learned counsel of both sides. 9. The guidelines for consideration of a petition under Section 528 of the BNSS, 2023, which is a pari materia of Section 482 of the CrPC has been laid down by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads as under: “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration Page No.# 4/5 wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” 10. Under the given circumstance, this Court has the reason to agree with the petitioners that the entire incident took place because of immature minds of two teenage. The girl is still a minor. Therefore, she need not be brought into this proceeding. Her father represents her. The father has decided to forgive the boy thinking about the future of his daughter. Except for travelling together to Assam, no harm was caused to the girl by the boy. Under the given circumstances, this Court is of the opinion that there is no prima facie material for constitution of a criminal case against the boy. There is no possibility of conviction of the boy in this case. So, Page No.# 5/5 allowing such a proceeding to continue before the trial court would be nothing but an abuse of the process of the Court. 11. This is a fit case for exercising power under Section 528 of the BNSS, 2023. Therefore, the criminal petition is allowed. 12. Accordingly, the FIR relating to Itanagar W.P.S. Case No.57/2023 (corresponding to G.R. No.427/2023), is quashed and set aside. The Criminal Petition is disposed of. JUDGE Comparing Assistant