Page No.# 1/4 GAHC010012072025 2025:GAU-AS:820 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./68/2025 JIYAUR RAHMAN @ JIAUR RAHMAN AND ANR S/O LATE MONTAZ ALI R/O VILL- BANIAMARI P.S. GOLAKGANJ DIST. DHUBRI, ASSAM PIN CODE- 783331. 2: NILIMA BIBI @ NILIMA KHATUN D/O DILDARALI @ DELDAR ALI MIYA W/OJIYAUR RAHMAN @ JIAUR RAHMAN R/OVILLBANIAMARI P.S.GOLAKGANJ DIST.DHUBRI ASSAM PIN-783331 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY Page No.# 2/4 ORDER 27.1.2025 Heard Mr. S Rahman, learned counsel for the petitioners. Also heard Mr. P Barthakur, learned Additional PP, Assam. 2. This is an application filed under Section 528 of the BNSS, 2023 praying for setting aside and quashing the criminal proceeding of PRC No. 1229/2019 under Section 498(A) IPC arising out of Golakganj PS case No. 1195/2018 pending before the Court of learned Chief Judicial Magistrate, Dhubri. 3. It is on record that after the registration of the FIR, the case was investigated by the Investigating Officer and Charge Sheet was laid against the petitioner No. 1 vide Charge Sheet No. 572/2018 in connection with Golakganj PS Case No. 1195/2018 under Section 498A of the IPC. 4. In the F.I.R. it is alleged that the husband of the informant has been mentally and physically torturing the informant since many days and has also threatened the life of the informant. 5. This present petition is jointly filed by the informant and the accused person. The petitioner No. 1 in the present application is the accused husband named in the FIR filed by the petitioner No. 2 wife. It is also stated in the petition that the petitioner No. 2 is now maintaining peaceful conjugal life with the petitioner No. 1 alongwith their son. 6. The present petition is filed in a backdrop that the complainant and the accused had settled the matter amicably between them and therefore, this court in exercise of power under Section 528 of BNSS should quash Page No.# 3/4 the criminal prosecution as the offences charged are not compoundable under the provision of BNSS. 7. It is also on record that prior to filing of the charge-sheet, the petitioners have mutually settled the matter vide compromise agreement dated 10.12.2024, which is annexed to the petition as annexure 4. Annexure 4 reflects that the petitioners have amicably settled their disputes. 8. 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 or when such dispute arises out of matrimonial relationship or family disputes and the parties have resolved the entire disputes amongst themselves. While exercising such directory power it is to be seen that such offences if compromised shall not affect the society at large. 9. Coming to the case in hand, from the materials available on record including the charge sheet, the statement of witnesses and the compromise settlement show that it cannot be per se said to be an offence under Section 498A IPC as recorded hereinabove. In the considered opinion of this court, as the parties have amicably resolved the disputes and that the offence 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. Page No.# 4/4 10. 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. 11. Accordingly, this petition is allowed by setting aside and quashing the criminal proceeding of PRC No. 1229/2019 under Section 498(A) IPC arising out of Golakganj PS case No. 1195/2018 pending before the Court of learned Chief Judicial Magistrate, Dhubri. JUDGE Comparing Assistant