Page No.# 1/4 GAHC010258132025 2026:GAU-AS:2077 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1463/2025 ZIARUL ISLAM AND 2 ORS S/O AB DUL MALEK VILL- AMBARI P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783127. 2: ABDUL MALEK S/O LATE HEBAATULLAH MUNSHHIVILL- AMBARI P.S. SOUTH SALMARA DIST. SOUTH SALMARA-MANKACHAR ASSAM PIN-783127. 3: RASHIDA PARBIN D/O ABDUL ROSHID W/O ZIARUL ISLAM VILL- ASKIKANDIP.S. BHAITBARI DIST. WEST GARO HILLS MEGHALAYA PIN-79104 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:MD. ABU SIDDIQUE S/O MD. KAYSER ALI R/O VILL.- KATHDANGA SATDUBI PT.- I P.S.- SOUTH SALMARA DIST.- SOUTH SALMARA MANKACHAR ASSAM. PIN- 783127 Page No.# 2/4 Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, MR. M HUSSAIN(R2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.02.2026 Heard Mr. A.Z. Ahmed, learned counsel for the petitioners. Also heard Mr. M. Hussain, learned counsel for the informant and Mr. K. Baishya, learned Addl. Public Prosecutor for the State. 2. By this application under Section 528 of the BNSS, 2023, the petitioners have challenged the institution of Special(P) Case No. 218/2024 pending in the Court of Special Judge, South Salmara-Mankachar, arising out of South Salmara P.S. Case No. 38/2023 registered under Section 9/10/11 of the Prohibition of Child Marriage Act, read with Section 6/17 of the POCSO Act, 2012. 3. The case started with the lodging of the FIR by the respondent No. 2, wherein it was stated that a young girl, which in the information of the informant was below the age of 18 years was being married to the petitioner No. 1 and that the marriage took place in presence of the relatives of both the victim girl and the groom and the marriage was performed by local kazi. On receipt of the ejahar, the Police registered the case under the relevant provisions of Child Marriage Act and POCSO Act and on completion of the investigation, the Police submitted Charge-sheet on 31.05.2023 arraying both the father and the son, i.e., petitioner Nos. 1 & 2 respectively as accused persons. 4. Mr. A.Z. Ahmed, learned counsel for the petitioners submits that the Page No.# 3/4 alleged victim and the petitioner No. 1 are husband and wife and are living a happy conjugal life after being married as stated above. He has also placed one affidavit sworn in by the alleged victim, wherein she stated that she got married with the petitioner No. 1 and that at the time of marriage, she was above 18 years of age and further that on false information, the FIR was lodged and without making proper investigation, Charge-sheet was submitted. On the said grounds, Mr. A.Z. Ahmed, learned counsel submits that the instant case may be quashed for the ends of justice. 5. Mr. M. Hussain, learned counsel for the informant, who was a co-villager at the time of lodging the FIR submits that he has genuine information that the girl was a minor when she married to the petitioner No. 1. However, he also submits that the victim has herself declared that she was more than 18 years of age. 6. Mr. K. Baishya, learned Addl. Public Prosecutor for the State submits that on a prima facie consideration of the materials, it seems that the girl was minor at the time of marriage and as such, the offences are well made out. 7. Upon consideration of the submissions made at the bar, it is noticed that in the FIR, the informant had stated that as per his information, the girl was minor, which however has been clarified by the girl herself by declaring in the form of an affidavit that she was above 18 years of age at the time of her marriage. Further, it is also noticed that the alleged victim and the petitioner No. 1 are husband and wife and has been happily married and is continued with their conjugal life. 8. In view of the same and in the interest of justice, this Court directs that the Special(P) Case No. 218/2024 pending in the Court of Special Judge, South Salmara-Mankachar, arising out of South Salmara P.S. Case No. 38/2023 stands Page No.# 4/4 quashed. 9. Petition is disposed of. JUDGE Comparing Assistant