Page No.# 1/4 GAHC010125762026 2026:GAU-AS:11376 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./909/2026 RAHUL ALI ALIAS RAKIBUL ISLAM AND ANR S/O ASHRAB ALI, R/O VILL BOYZERALGA PART III, PO BAGRIBARI, PS FAKIRGANJ, DIST DHUBRI, ASSAM, PIN 783349 2: AJIM UDDIN SHEIKH ALIAS AJIMUDDIN ALI S/O RAKMAN ALI R/O VILL BOYZERALGA PART III PO BAGRIBARI PS FAKIRGANJ DIST DHUBRI ASSAM PIN 78334 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RANJUMA BEGUM W/O AFRUT JAMAN D/O MONSER ALI RO VILL GOPIGAON PART III PO AND PS BILASIPARA DIST DHUBRI ASSAM PIN 78334 Advocate for the Petitioner : MR. M U MONDAL, MR. A W MONDAL,MR A ALIM SK,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, MR. M S MONDAL (R-2),MR. K ISLAM (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 12.08.2026 Heard Mr. A. Alim Sk, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State respondent No. 1; and Mr. M.S. Mondal, learned counsel for the respondent No. 2/informant. 2. In this petition, under Section 528 of the BNSS, 2023, the petitioners have prayed for quashing the proceeding arising out of PRC Case No. 281/2025 [arising out of Bilasipara P.S. Case No. 66/2025, under Sections 87/351(2) (3)/3(5) of the BNS, 2023], pending before the learned Sub-Divisional Judicial Magistrate (M), Bilasipara. 3. It is to be noted that aforementioned case was registered on the basis of one FIR lodged by one Rima Begum (actual name withheld) on 29.02.2025. The essence of allegation in the aforesaid FIR is that on 25.02.2025, at about 11 a.m., the accused persons, namely, Rahul Ali and Ajimuddin Ali had kidnapped her minor daughter while she was standing in front of the house of one Monchura Begum. 4. Mr. Sk, learned counsel for the petitioners submits that after completion of investigation, charge-sheet has been submitted against the petitioners and the same is pending before the Court of learned Sub-Divisional Judicial Magistrate (M), Bilasipara (‘trial Court’, for short), for trial. Mr. Sk also submits that in the meantime, the petitioners herein and the informant have settled the matter amicably and they are no longer willing to pursue the matter before the learned trial Court, and that the informant has also filed an affidavit before this Court, which is annexed with the Affidavit filed by her as Annexure-A, and under such Page No.# 3/4 circumstances, Mr. Sk. Submit,further proceeding of the case would be a futile exercise, and therefore, it is contended to allow this petition by setting aside and quashing the entire proceeding of PRC Case No. 281/2025. 5. Mr. Mondal, learned counsel for the respondent No. 2/informant also submits that the respondent No. 2 is not willing to pursue the matter for better future of her daughter and in view of the statement given by her daughter before the police, in respect of her love affair with the petitioner/accused No. 1. 6. Mr. Goswami, learned Additional Public Prosecutor for the State respondent submits that since the parties have settled the dispute amicably, the State has no objection in the event of allowing this petition. 7. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record, and also perused the affidavit-in-opposition filed by the respondent No. 2/informant, especially the affidavit annexed as Annexure-A. 8. It appears from the Affidavit (Annexure – ‘A’) that the respondent No. 2/informant is not willing to pursue the case in view of the amicable settlement and also keeping in mind the welfare of her daughter, and that the case was filed due to misunderstanding between the parties and the same has been resolved amicably and now, she has no grievance against the present petitioners. 9. Since the matter has amicably been settled between the parties and since the respondent No. 2/informant is not willing to proceed with the matter, no purpose will be served by allowing the proceeding of PRC Case No. 281/2025, pending before the learned trial Court, to go on and it would be an exercise in futility as well as abuse of the proceeding of law. Page No.# 4/4 10. Accordingly, taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, and also the Affidavit filed by the respondent No. 2/informant, this Court is inclined to allow this petition. 11. The proceeding of PRC Case No. 281/2025 [arising out of Bilasipara P.S. Case No. 66/2025, under Sections 87/351(2)(3)/3(5) of the BNS, 2023], pending before the learned Sub-Divisional Judicial Magistrate (M), Bilasipara, stands set aside and quashed. 12. In terms of above, this petition stands disposed of, leaving the parties to bear their own costs. JUDGE Comparing Assistant