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2026 DAILYLAW 17285 (GAU)

AFSAN HUSSAIN LASKAR AND 2 ORS. v. THE STATE OF ASSAM AND ANR

Crl.Pet./1467/2025 · 2026-01-06

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010256202025 2026:GAU-AS:250 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1467/2025 AFSAN HUSSAIN LASKAR AND 2 ORS. S/O LATE ALAUDDIN LASKAR 2: MANIR HUSSAIN LASKAR S/O EKLASHUDDIN LASKAR 3: ABDULLA MIYA BARBHUIYA S/O LATE NIZAMUDDIN BARBHUIYA ALL ARE RESIDENTS OF DAKHIN MOHANPUR PART-VII P.S SONAI DISTRICT CACHAR ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P, ASSAM. 2:MD MOSKIN ALI LASKAR S/O LATE SANUHAR ALI LASKAR R/O VILLAGE - DAKHIN MOHANPUR PART-VIII P.S SONAI DISTRICT CACHAR ASSA Advocate for the Petitioner : MS G K DAS, MS P DAS,M BORO Advocate for the Respondent : PP, ASSAM, H R KHAN,MR. J UDDIN,A.ISLAM,A S CHOUDHURY Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 07.01.2026 Heard Ms. G.K. Das, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State and Mr. A.S. Choudhury, learned counsel appears for the respondent no.2/informant. In this proceeding, the three petitioners, namely, Afsan Hussain Laskar, Manir Hussain Laskar, Abdulla Miya Barbhuiya are seeking quashing of PRC Case No. 2673/2024 corresponding to Sonai P.S. Case No.124/2019, which after investigation was charge-sheeted against the three petitioners under Section 366/34 IPC. The case is stated to have been at the stage of appearance. It is submitted by Ms. Das, learned counsel for the petitioner submits that, in the meantime, the parties arrived at an agreement and in this regard, Monowara Begum Laskar, mother of the alleged victim girl submitted an affidavit that in 2019 her daughter/alleged victim girl has got married with the petitioner No.1 as per Islamic law and out of the wedlock, they have two children as son and daughter and that they are living peacefully now. Mr. A. S. Choudhary, learned counsel for the respondent no.2/informant does not dispute the same and submits that the FIR lodged by the paternal uncle of the victim and that the informant also does not have any objection to putting the criminal proceedings to an end as prayed for by the petitioner side. Considering the aforesaid facts and circumstances, I am of the considered Page No.# 3/3 view that the though per se, it was a crime against women, but in the in the context of the supervening circumstances - the marriage of the victim girl with the accused petitioner no.1, begetting of two children and the settlement arrived between the parties - not much purpose would be served by allowing the criminal litigation to continue. Accordingly, in such view of the matter, the entire criminal proceedings of PRC Case No. 2673/2024 corresponding to Sonai P.S. Case No.124/2019 pending in the Court of the learned SDJM(S), Cachar at Silchar, are hereby quashed. The instant criminal petition stands allowed and disposed of. JUDGE Comparing Assistant