Page No.# 1/4 GAHC010012612025 2025:GAU-AS:908 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./72/2025 KAMALA GOGOI AND 2 ORS W/O NAZIR AHMED LASKAR R/O M-502, PARK PANOROMA, BELTOLA ROAD,DISPUR,LAST GATE, P.S.DISPUR, GUWAHATI-781006,DIST.KAMRUP (M), ASSAM 2: NAZIR AHMED LASKAR S/O LATE KUTUB ALI R/O M-502 PARK PANOROMA BELTOLA ROAD DISPUR LAST GATE P.S.DISPUR GUWAHATI-781006 DIST.KAMRUP (M) ASSAM 3: ANAMIKA DEORI D/O RAJEN DEORI R/O LASKMIMANDIR PATH RUKMINI GAON NEAR LASKMIMANDIR SARGAM ENCLAVE GUWAHATI-781006 DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM THROUGH LEARNED PP, ASSAM Advocate for the Petitioner : MR. M H LASKAR, M. HOSSAIN,MR. S ROY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 28-01-2025 1. Heard Mr. M. H. Laskar, learned counsel for the petitioners. Also heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 528 of the BNSS, 2023 praying for setting aside and quashing the impugned FIR dated 26.12.2024 and subsequent Criminal Proceeding in GR Case No. 7584/2024 arising out of Dispur P.S. case No. 1363/2024 registered under Sections 78/352/296 of the BNS, 2023 pending before the Court of learned Chief Judicial Magistrate, Kamrup (M), Guwahati. 3. In the F.I.R. it is alleged that the informant is an employee of Axis Bank and for the purpose of CC loan, one Nazir Ahmed Laskar contacted the branch of said bank and the informant along with bank personnel went to his house and discussed regarding loan. Later, said person irritated her by phone call and by way of messages. Thereafter, the wife of said Nazir Ahmed Laskar came to know about the phone calls and on 22.12.2024 at about 03:30 pm, she along with two other women came to the office of the informant and she abused her in slang languages and rushed towards her to beat with her wearing sleepers. 4. This present petition is jointly filed by the informant and the accused persons. In the present application, the petitioner Nos. 1 & 2 are the accused and the petitioner No. 3 is the informant. 5. The present petition is filed in a backdrop that the complainant and the Page No.# 3/4 accused had settled the matter amicably between them and therefore, this Court in exercise of power under Section 528 of BNSS should quash the criminal prosecution as the offences are not heinous or serious offence. 6. It is also on record that the petitioners have mutually settled the matter vide Compromise (Settlement) Agreement dated 04.01.2025, which is annexed to the petition as Annexure-2. Annexure-2 reflects that the petitioners have amicably settled their disputes. 7. The power under Section 528 of BNSS, 2023 is an inherent power and such inherent power can be exercised to quash a criminal proceeding or a criminal complaint but while doing so, the Court is to follow certain principles. Such power can be exercised, amongst others, when the offences alleged are overwhelmingly and predominantly civil in character and the parties have resolved the entire disputes amongst themselves. While exercising such discretionary power, it is to be seen that such offences if compromised shall not affect the society at large. 8. Coming to the case in hand, from the materials available on record and the Compromise (Settlement) Agreement shows that it cannot be per se said to be an offence under Sections 78/352/296 of the BNS, 2023 as recorded hereinabove. In the considered opinion of this Court, as the parties have amicably resolved the disputes and that the offences do not involve any heinous or serious offence and also that if the offences are allowed to be compounded that will have no serious impact on the society, the power under Section 528 of BNSS can be exercised in the given facts of the present case. 9. In the aforesaid backdrop, this Court is of the view that this is a fit case where the power under Section 528 of BNSS, 2023 can be exercised to set aside and quash the criminal prosecution in question on being amicably settled. 10. Accordingly, this criminal petition is allowed by setting aside and quashing the FIR dated 24.12.2024 and subsequent Criminal Proceeding in GR Case No. 7584/2024 arising out of Dispur P.S. case No. 1363/2024 registered under Sections 78/352/296 of Page No.# 4/4 the BNS, 2023 pending before the Court of learned Chief Judicial Magistrate, Kamrup (M), Guwahati. JUDGE Comparing Assistant