Page No.# 1/4 GAHC010006422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./53/2025 ISMAIL SK AND ANR S/O SOKER ALI VILL- KHOPATI PART-IV, P.O. HAZIRHAT, P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128 2: SOKER ALI S/O LATE HAJI KOBAD ALI VILL- KHOPATI PART-IV P.O. HAZIRHAT P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78312 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:MRS. SHABNUR CHOUDHURY W/O ISMAIL SK. D/O SHAHAJAHAN CHOUDHURY VILL- KHOPATI PART-IV P.O. HAZIRHAT P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78312 Page No.# 2/4 Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM (R1), MD. I H LASKAR (R-2),MR. M AHMED (R-2) :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 02.05.2025 Heard Mr. M. Islam, the learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, the Addl. Public Prosecutor, Assam as well as Mr. M. Ahmed, the learned counsel representing the Respondent No.2. 2. This is a joint application under Section 528 of the BNSS, 2023, praying for quashing the proceedings of Special (P) Case No.67/2024 arising out of Sukchar P.S. Case No.34/2023. 3. On 02.02.2023, Md. Jafar Mollah had lodged an FIR before police stating that the petitioner Ismail Sk. had married a minor girl, the Respondent No.2. On the basis of the said FIR, Sukchar P.S. Case No.34/2023 was registered. On conclusion of investigation, police filed the charge sheet against Ismail Sk. and Soker Ali, the father of the said minor girl. 4. Both Ismail Sk. and Soker Ali have approached this Court together stating that the marriage of the minor girl was held in the year 2023. They are blessed with a child and till now they are living happily. 5. The said minor girl is now more than 18 years of age and she has submitted that since they are living happily together, the continuation of the criminal proceedings Page No.# 3/4 against the petitioner Ismail Sk. would be detrimental to their future life. 6. I have considered the submissions made by the learned counsel of both sides. 7. The guidelines for consideration of a petition under 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 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 Page No.# 4/4 grudge.” 8. This Court is of the opinion that the ratio laid down in Bhajan Lal (supra), is applicable in the present case. Since the so-called victim girl has come forward to state that she has been living happily with her husband and she is now a major, in such a circumstance, there is no possibility of conviction of anybody in future. Thus, allowing such a criminal proceeding to continue before a trial court would be nothing but an abuse of the process of the court. 9. This is a fit case for exercising power under Section 528 of the BNSS, 2023. Therefore, the criminal petition is allowed. 10. Accordingly, the proceedings of Special (P) Case No.67/2024 arising out of Sukchar P.S. Case No.34/2023 against the present petitioners, is quashed and set aside. The Criminal Petition is disposed of. JUDGE Comparing Assistant