Page No.# 1/4 GAHC010178182026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1169/2026 ROFIQUL ISLAM AND ANR SON OF LATE HABELUDDIN, RESIDENT OF VILLAGE SANTOSHPUR PART- II, P.O. SANTOSHPUR, P.S. MERERCHAR, DISTRICT BONGAIGAON, ASSAM. 2: NURJAHAN KHATUN DAUGHTER OF SARBESH ALI RESIDENT OF VILLAGE BAIKHUNGAON P.O. AND P.S. KAJALGAON DISTRICT CHIRANG BTAD ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR N JAMAL,MR. I HUSSAIN,G UDDIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.08.2026 Heard Mr. G. Uddin, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam. 2. By this application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023), the petitioners have prayed for quashing of C.R. (PWDV) Case No. 01/2024 and the orders passed therein by the Court of the learned Judicial Magistrate First Class, Chirang, on the ground that a compromise has been arrived at between the parties concerned, namely, the husband and the wife, i.e. petitioner Nos. 1 and 2. 3. The learned counsel for the petitioners submits that petitioner No. 2 had instituted a case under the Domestic Violence Act against her husband, petitioner No. 1, and the said D.V. case was registered as D.V. Case No. 379/2022. The learned Court, by order dated 21.11.2024, had directed petitioner No. 1 to pay a sum of Rs. 3,000/- per month to petitioner No. 2 from the date of the application under the D.V. Act. There were further directions in the said order. However, he further submits that, by an agreement entered into between the parties on 03.07.2026, it was mutually decided that the parties would withdraw the case and that they would not lodge any other case against each other in future. 4. Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam, in his usual fairness, submits that, in view of the observations made by the Hon’ble Supreme Court, the prayer of the petitioners may be considered. 5. On consideration of the submissions made by the learned counsel for the Page No.# 3/4 parties at the Bar, this Court finds as follows: 6. The instant criminal petition has been filed by both the husband and wife, namely, Rafiqul Islam and Nurjahan Khatun, as petitioner Nos. 1 and 2, respectively. It is a settled position of law that, on the basis of compromise, cases arising out of matrimonial disputes, or even civil disputes, can be settled. The only bar, as observed by the Hon’ble Apex Court, is that in cases of a heinous nature, such compromise may not be considered. In the present case, it is seen that petitioner No. 2 had instituted a case under the Domestic Violence Act in the year 2022, in which she had also been granted certain reliefs. However, on 03.07.2026, a mutual agreement was entered into between her and her husband, petitioner No. 1, and in the said agreement, it was agreed that, with the passage of time, both the parties had settled their disputes amicably, without any fraud, coercion or undue influence. It is also stated that the parties have agreed not to pursue any pending execution proceedings or any other litigation arising out of their matrimonial disputes and shall cooperate in withdrawing, compromising or closing the same, wherever legally permissible. It is also stipulated that the settlement has been entered into voluntarily and with a view to maintaining peace and harmony in each other's personal life. It is further agreed that petitioner No. 1 will not lodge any complaint or institute any case before the police or any court, and the second party, i.e. the wife, will also not lodge any other case against petitioner No. 1, and both the parties have agreed to abide by the terms and conditions of the said agreement. It is further noticed that both the petitioners, i.e. the husband and wife, have put their signatures on the said agreement, which was also notarised under the Notaries Act. It is also submitted by the learned counsel that petitioner No. 2 has remarried. Page No.# 4/4 7. In view of the aforesaid agreement between the petitioners, this Court finds it fit and proper that the D.V. case, being C.R. (PWDV) Case No. 01/2024, be quashed along with the orders passed therein. 8. To be more specific, the order dated 21.11.2024 also stands quashed. 9. This Criminal Petition is accordingly disposed of. JUDGE Comparing Assistant