Page No.# 1/5 GAHC010031472026 2026:GAU-AS:2589 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./231/2026 DHAJYA YOTI GOGOI AND ANR S/O LANKESWAR GOGOI R/O AASHI KATYAON APARTMENT, FLAT NO. 38, 3RD FLOOR, P.S. ALL WOMEN POLICE STATION, GUWAHATI-781001, DIST. KAMRUP (M), ASSAM 2: SUNITA HAZARIKA W/O DHAJYA JYOTI GOGOI R/O AASHI KATYAON APARTMENT FLAT NO. 38 3RD FLOOR P.S. ALL WOMEN POLICE STATION GUWAHATI-781001 DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. I CHOUDHURY, HIMSHIKHA TALUKDAR,R L CHUTIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 20-02-2026 Heard Mr. I. Choudhury, learned counsel for the petitioners and Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State respondent. 2. This is an application filed under Section 528 BNSS for quashing and setting aside the entire criminal proceeding which is pending before the Court of learned JMFC, Kamrup (M), Guwahati in connection with PRC Case No. 942/2022 under Section 498(A) IPC and the FIR of All Women P.S. Case No. 258/2021 and the Charge Sheet No. 15/2022. 3. This petition has been jointly filed by the informant/victim and the accused of this case, who are petitioner No.2 and petitioner No.1 respectively. 4. It is submitted by Mr. Choudhury, learned counsel that due to some differences, the FIR was filed by the petitioner No.2 but before filing of the charge sheet the matter has already been settled amicably between the parties and at present they are staying together as husband and wife. 5. The victim/petitioner No.2 does not want to proceed with the case further and accordingly, this petition has been filed jointly by the victim and accused praying for quashing of the entire criminal proceeding including the FIR and the Charge Sheet. 6. He further submitted that even if the case is proceeded further, the chance of conviction of the accused is very remote as the victim/informant will not depose against the petitioner No.1 rather, it will be an abuse of the process of Page No.# 3/5 Court. Accordingly, he submitted that it is a fit case, wherein the criminal proceeding, the FIR as well as the charge sheet may be set aside and quashed by invoking the power under Section 528 BNSS. 7. Mr. Lahkar, learned Addl. PP submitted that this is purely a matrimonial and private matter wherein both the parties have arrived at an amicable settlement and the State has no objection if the entire criminal proceeding, the FIR and the charge sheet is set aside and quashed. 8. I have heard the submissions made by the learned counsel for both sides and I have also perused the case record including the annexures appended thereto. 9. It is seen that the case lodged by the petitioner No.2, victim/informant against her husband, the petitioner No.1. But from the submission made by the learned counsel for the petitioners, it is seen that the matter has already been settled amicably between the parties and hence, both the accused and the victim have jointly filed this petition for setting aside the entire criminal proceeding, the FIR and the charge sheet. 10. Both the petitioners are staying together as husband and wife and hence, in that event, if the case is allowed to be proceeded further, there is little chance of adducing any evidence against the petitioner No.1 by the petitioner No.2 who is presently residing along with her husband/petitioner.1. Thus, the conviction of the case is very remote and even if the case is proceeded further, rather, it will be an abuse of the process of law. 11. As the case is already settled between the parties, the State respondent also raised no objection in compromising/quashing the case by invoking the power under Section 528 BNSS. Page No.# 4/5 12. In the case of State of Madhya Pradesh Vs. Laxmi Narayan and others reported in (2019) 5 SCC 688 in sub para 29.4 of para 14, the Hon’ble Supreme Court has observed as under:- “29.4 On the other hand, those criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.” 13. The Hon’ble Supreme Court in the case Gian Singh (supra), had observed that “the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High court shall be well within its jurisdiction to quash the criminal proceeding.” 14. In view of the above and also considering the fact that the matter has already been compromised between the parties and also considering the view expressed by the Hon’ble Apex Court, this Court is of the opinion that it is a fit case, wherein the extraordinary power under Section 528 BNSS can be applied for setting aside and quashing the entire criminal proceeding, the FIR as well as charge sheet. 15. Accordingly, the FIR which was registered as All Women P.S. Case No. 258/2021, under Section 498(A) IPC, the Charge Sheet No. 15/2022 dated 25.02.2022 and the proceeding of PRC Case No. 942/2022 and also the impugned order dated 23.03.2022, passed by the learned JMFC, Kamrup (M) in Page No.# 5/5 PRC Case No. 942/2022 are hereby set aside and quashed. 16. This criminal petition accordingly stands allowed and disposed of. JUDGE Comparing Assistant