Page No.# 1/4 GAHC010180372026 2026:GAU-AS:12348 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1183/2026 SHAHIN MIAH ALIAS MOSHIOR AHMED ALIAS MOSHIUR AHMED AND ANR S/O ABDUL MOZID AHMED, R/O VILL BHATI JHAGRARCHAR, PO AND PS MANKACHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM, PIN 783131 2: ARMINA PARBIN ALIAS ARMINA PARVIN W/O MOSHIUR AHMED ALIAS SHAHIN MIAH DO AMJAD ALI R/O VILL BHATI JHAGRARCHAR PO AND PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 78313 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:SRI SONU DEV BARMAN SUB INSPECTOR OF POLICE MANKACHAR POLICE STATION PO AND PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 78313 Advocate for the Petitioner : MR. M R KHANDAKAR, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 27.08.2026 Heard Mr. M.R. Khandakar, learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Assam. By this application, preferred jointly by petitioner Nos. 1 and 2 who are husband and wife, prayer has been made for quashing of the proceedings in P.R.C. Case No. 239/2025 arising out of Mankachar P.S. Case No. 230/2024 registered under Section 9 of the Prohibition of Child Marriage Act, 2006 and pending before the Court of the learned Chief Judicial Magistrate, South Salmara-Mankachar, Assam. The case of the petitioners is that on 22.12.2024, an FIR was lodged before the Officer-in-Charge of Mankachar Police Station by police personnel of the said police station alleging inter alia that petitioner No. 1 had married a minor girl about five years prior thereto in violation of the provisions of the Prohibition of Child Marriage Act. It was further alleged that petitioner No. 1 had established a physical relationship with the said minor girl. The minor girl referred to in the FIR is petitioner No. 2 in the present petition. It was further stated that owing to the poor financial condition of her family, petitioner No. 2 was given in marriage to petitioner No. 1. It was also alleged that the marriage between petitioner Nos. 1 and 2 was solemnized by the local Kazi and that out of the said wedlock a male child was born who was about two years old as on the date of lodging of the FIR. Page No.# 3/4 Learned counsel appearing for the petitioners submits that as on the date of lodging of the FIR, i.e. 22.12.2024, petitioner No. 2 had attained majority and petitioner Nos. 1 and 2 were already married and had a child. He submits that upon completion of the investigation the police submitted charge-sheet against petitioner No. 1, pursuant to which the proceeding was initiated under Section 9 of the Prohibition of Child Marriage Act, 2006. He further submits that by order dated 08.07.2025, the learned Court took cognizance of the offence under the said provision. Learned counsel for the petitioners further submits that petitioner No. 2 has sworn an affidavit stating that she was in a love relationship with petitioner No. 1 and that at the time of their marriage she was just below 18 years of age. However, by the time the FIR was lodged she had attained the age of majority and was well above 18 years of age. She further stated in the said affidavit that the FIR had been lodged by a stranger, i.e. a third person and that pursuant thereto the case was registered and the proceeding was initiated. She accordingly expressed her desire that the said proceeding be quashed by this Court. It is a settled position of law that where the parties have arrived at a settlement and it is found that continuation of the criminal proceeding would serve no useful purpose the proceeding may be quashed in order to secure the ends of justice. In the instant case, it is seen that petitioner Nos. 1 and 2 are now husband and wife and are the parents of a child. Petitioner No. 2 has also sworn an affidavit stating that she is happily residing with her husband, i.e. petitioner No. 1 and that the FIR was lodged against her husband by a stranger. Page No.# 4/4 In view of the aforesaid circumstances, this Court is of the considered opinion that no useful purpose would be served by allowing the criminal proceeding to continue. Accordingly, PRC Case No. 239/2025 pending before the Court of the learned Chief Judicial Magistrate, South Salmara-Mankachar, Assam is hereby quashed. Accordingly, the said proceeding along with all orders passed therein and the charge-sheet dated 31.01.2025 as well as PRC Case No. 239/2025 and all subsequent orders passed therein, stands quashed. The petition stands disposed of. JUDGE Comparing Assistant