Page No.# 1/5 GAHC010066292024 2025:GAU-AS:13053 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./377/2024 MAYNUL HOQUE @ MOINUL HOQUE AND ANR S/O LATE KHOKA SHEIKH, R/O VILL- KAIMARI PART-4, P.S.-GOLAKGANJ, DIST- DHUBRI, ASSAM 2: SMTI. AYESH KAHTOON W/O MOINUL HOQUE D/O HAMIRUDDIN MIYA PRESENT ADD- VILL- KAIMARI PART-4 P.S.-GOLAKGANJ DIST- DHUBRI ASSAM AND P/R/O VILL- BALERHAT P.S.-MOATHABHANGA DIST-COOCH BIHAR WEST BENGA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P C DEY, MR BASAB DEY,MR I HAQUE Advocate for the Respondent : PP, ASSAM, WITH Crl.Pet./52/2021 Page No.# 2/5 SMT. MOMENA BEWA AND 4 ORS W/O LATE KHOKA SHEIKH R/O VILL-KAIMARI PART-4 P.S.-GOLAKGANJ DIST-DHUBRI ASSAM 2: SMTI. KHODEJA KHATUN D/O LATE KHOKA SHEIKH R/O VILL-KAIMARI PART-4 P.S.-GOLAKGANJ DIST-DHUBRI ASSAM 3: ESMILE HOQUE @ ISMAIL HOQUE S/O LATE KHOKA SHEIKH R/O VILL-KAIMARI PART-4 P.S.-GOLAKGANJ DIST-DHUBRI ASSAM 4: MOHIBUL HOQUE S/O LATE KHOKA SHEIKH R/O VILL-KAIMARI PART-4 P.S.-GOLAKGANJ DIST-DHUBRI ASSAM 5: ABDUL KHALEK S/O ALOMGIR HUSSAIN R/O VILL-KAIMARI PART-4 P.S.-GOLAKGANJ DIST-DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND ANR (NOTICE THROUGH THE PUBLIC PROSECUTOR ASSAM) 2:SMTI AYESHA KHATOON W/O MOINUL HOQUE D/O HAMIRUDDIN MIYA R/O VILL-BALERHAT P.O.-MOATHABHANGA DIST-COOCH BIHAR WEST BENGAL ------------ Page No.# 3/5 Advocate for : MR. P C DEY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.09.2025 1. Heard Mr. I. Haque, the learned counsel for the petitioners. Also heard B. Sarma, the learned Additional Public Prosecutor, appearing for the State of Assam as well as Mr. A. Sharma, the learned counsel for respondent No. 2. 2. By this common order, this Court intends to dispose of two Criminal Petitions, namely, Criminal Petition No. 377/2024 as well as Criminal Petition No.52/2021, which arose out of the same case, i.e. PRC Case No. 2144/2019 under Sections 120B/498A/325/294/506 of Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act, 1961. 3. The Criminal Petition No.377/2024 has been filed jointly by the accused No. 1, Maynul Hoque, @ Moinul Hoque, as well as the victim, who is his wife, namely, Smt. Ayesh Khatoon, whereas, the Criminal Petition No. 52/2021 has been filed by the other family members, namely, 1. Smt. Momena Bewa, 2.Khodeja Khatun, 3.Esmile Hoque @Ismail Hoque, 4.Mohibul Hoque, and 5.Abdul Khalek, praying for quashing the proceedings of PRC Case No. 2144/2019. 4. The learned counsel for the petitioner has submitted that the Page No.# 4/5 wife, Ayesha Khatoon, due to some matrimonial dispute, as well as misunderstanding, had initiated the PRC Case No.2144/2019. However, the matter has been amicably settled between, Ms. Ayesh Khatoonand her husband, namely, Moinul Hoque and, to that effect, a deed of compromise has been executed between the victim, i.e., the wife and her husband, (petitioner No. 1) and other family members, (petitioners in Criminal Petitioner No.52), and both the husband and wife are now living a happy conjugal life. 5. The learned counsel for the petitioner submits that, in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973, the High Court may quash a criminal proceeding, where the dispute is of private nature and compromise has been entered into between the parties, and the matter has been amicably resolved. 6. In this regard, a report was called for, from the Court of learned Judicial Magistrate. Accordingly, a report dated 11.08.2025, has been received from the Court of the learned Judicial Magistrate First Class, wherein, it has been stated that, the matter has been settled amicably between the parties, and the compromise deed executed between the parties is genuine and true. 7. As the dispute involved in this case is primarily a matrimonial dispute between the husband and wife and her in-laws, and same has been amicably settled between the parties, and the husband and wife are now happily continuing their conjugal life, there is an unlikelihood on the matter ending in conviction, and it would be futile to continue the criminal proceedings in PRC Case No. 2144/2019. Page No.# 5/5 8. In view of above, the criminal proceeding of PRC Case No. 2144/2019 is hereby quashed and both the above noted Criminal Petitions are accordingly disposed of. JUDGE Comparing Assistant