Page No.# 1/3 GAHC010152552026 2026:GAU-AS:12121 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1071/2026 SHRI FATIUL BIRAJ SON OF ANAMUL HAQUE,RESIDENT OF HOUSE NO. 60, F A AHMED ROAD, SIX MILE,P.O. KHANAPARA, P.S. DISPUR,GUWAHATI 781022, DISTRICT KAMRUP METRO, ASSAM VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:DR. (MRS.) FIZZA RAHMAN W/O FATIUL BIRAJ RESIDENT OF HOUSE NO. 60 F A AHMED ROAD SIX MILE P.O. KHANAPARA P.S. DISPUR GUWAHATI 781022 DISTRICT -KAMRUP (METRO) ASSA Advocate for the Petitioner : MR D DEKA, MD F FARIDI Advocate for the Respondent : PP, ASSAM, MR. K MOHAMMED(R2) BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 24.08.2026 Heard Mr. D. Deka, learned counsel appearing for the accused petitioner as Page No.# 2/3 well as Mr. K. K. Parasar, learned Additional Public Prosecutor and Mr. K. Mohmad, learned counsel for the respondent No.2. 2. The petitioner invoking Section 528 BNSS had sought quashing of Dispur PS case No. 1648 of 2023 corresponding GR is GR Case No. 6235/2022 pending in the court of learned Judicial Magistrate, Kamrup (M). 3. On 18.08.2023, the respondent No. 2, who is the wife of the petitioner lodged an FIR before the Dispur PS alleging physical abuse by her husband. On the basis of the same, the aforementioned case was registered and investigated. 4. It is stated and submitted that subsequently the parties reconciled and in support of the same an affidavit was made by the respondent No.2 stating that she had filed the FIR due to misunderstanding and anger and that differences have been settled and now they are leading a peaceful marital life. In para 6 of the affidavit, it is stated that she no longer wishes to pursue the aforesaid case and wishes it to be closed. 5. The learned counsel appearing for the informant supports the said affidavit, copy of which has been annexed with the petition. It is submitted by the learned counsel for the informant that the informant had also submitted an application dated 25/3/2026 before the O/C Dispur PS stating the same thing i.e. the allegations were made in a state of misunderstanding and anger and that they have resolved their differences and she does not wish to pursue the matter. 6. Both the learned counsels submit that in the meantime, the parties have also been blessed with a child on 25/12/2023 and that the entire family is living amicably. Page No.# 3/3 7. The learned Additional Public Prosecutor fairly submits that Prosecution has no objection to closure of the matter in view of the aforesaid developments. 8. The law regarding quashing of criminal proceedings is well settled and in disputes which are more of a private nature, there is no bar on quashing of the same in the context of any settlement, as per the law laid down by the Hon’ble Apex Court 9. In the given facts and circumstances and in the backdrop of the aforesaid developments, the criminal proceedings pertaining to Dispur PS case No. 1648 of 2023 GR (GR Case No. 6235/2022) and all consequent consequential proceedings are hereby quashed. 10. The instant criminal petition is hereby allowed and disposed of. JUDGE Comparing Assistant