Page No.# 1/4 GAHC010155502024 2026:GAU-AS:5012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./936/2024 ABHIJEET GUPTA AND 5 ORS SO SRI ARUN KUMAR GUPTA, R/O LINE PARA, NEAR BURHI KALI MANDIR, WARD NO. 17, P.O., P.S. AND DIST. KISHANGANJ, BIHAR, PIN- 855107. 2: SRI ARUN KUMAR GUPTA S/O LATE RAM NARAYAN PRASAD GUPTA R/O LINE PARA NEAR BURHI KALI MANDIR WARD NO. 17 P.O. P.S. AND DIST. KISHANGANJ BIHAR PIN- 855107 3: SMT. USHA GUPTA W/O SRI ARUN KUMAR GUPTA R/O LINE PARA NEAR BURHI KALI MANDIR WARD NO. 17 PO. P.S. AND DIST. KISHANGANJ BIHAR PIN-855107 4: MISS. ARUNIMA GUPTA D/O SRI ARUN KUMAR GUPTA R/O LINE PARA NEAR BURHI KALI MANDIR WARD NO. 17 PO. P.S. AND DIST. KISHANGANJ Page No.# 2/4 BIHAR PIN-855107 5: MISS AASTHA GUPTA D/O SRI ARUN KUMAR GUPTA R/O LINE PARA NEAR BURHI KALI MANDIR WARD NO. 17 PO. P.S. AND DIST. KISHANGANJ BIHAR PIN-855107 6: SMT. BOBBY DEVI W/O SRI RANJIT PASWAN R/O KHAGRA MACHMARA P.O. P.S. AND DIST. KISHANGANJ BIHAR PIN-85510 VERSUS SIMRAN GUPTA W/O SRI ABHIJEET GUPTA D/O SRI RAJ KISHORE PRASAD GUPTA R/O KUMHARIPATTY DOOMDOOMA, PO. AND P.S. DOOMDOOMA, PIN- 786151 Advocate for the Petitioner : MR G N SAHEWALLA, MS G DUGAR,MS K BHATTACHARYYA,MS T J SAHEWALLA Advocate for the Respondent : MR. SAILENDRA DEKA, MS L RONGPIPI,MR JITENDRA DAS BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 06-04-2026 Heard Mr. G. N. Sahewall, learned Senior Counsel assisted by Mr. M. Sahewalla, learned counsel for the petitioners and Mr. J. Das, learned counsel Page No.# 3/4 for the respondent No.2. 2. This is an application filed under Section 528 BNSS, 2023 for setting aside the proceeding of Misc. (D.V.) Case No. 10/2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 pending in the Court of learned JMFC, Tinsukia, Assam. 3. It is submitted jointly by both the learned counsel for the petitioners as well as respondents that the matter has already been settled amicably between the parties and to that effect one Memorandum of Understanding (MoU) has already been filed before the Court of learned JMFC, Tinsukia on the basis of which, the case which was pending before learned JMFC under Section 125 CrPC has already been settled/disposed of. 4. It is submitted by Mr. Sahewalla, learned Senior Counsel that both the parties have came to an amicable settlement and on the basis of which, the MoU has already been submitted which is annexed in the present petition along with the additional affidavit filed by one of the petitioners. 5. Mr. Sahewalla, learned Senior Counsel further submitted that on the basis of the MoU, this matter can be closed or the proceeding can be quashed and to that extent also he relied on a decision of a Coordinate Bench of this Court in the case of Aminul Hoque @ Aminur Mirda Vs. State of Assam and anr., reported in 2026 (1) GLT 879 wherein he basically emphasized on para 21, 22 and 23 wherein it has been observed that on the basis of MoU the matter can be quashed/proceeding can be closed applying the provision of Section 528 BNSS. 6. Mr. Das, learned counsel for the respondent raised no objection and submitted that as the matter has already been settled between the parties, he Page No.# 4/4 has no objection if the matter is closed or the proceeding is set aside and quashed on the basis of the MoU between the parties under Section 528 BNSS. 7. Considering the submissions made by the learned counsel for both sides and the MoU which has been annexed along with the petition and also considering the statements made in the additional affidavit by the petitioners, this Court is of the opinion that in view of the MoU and the amicable settlement between the parties the further proceeding in Misc. (D.V.) Case No. 10/2024 pending before the Court of learned JMFC, Tinsukia and the impugned order dated 18.06.2024, passed in said Misc. (D.V.) Case No. 10/2024 is hereby set aside and quashed and the matter is accordingly closed by invoking the extra- ordinary power under Section 528 BNSS. 8. This criminal petition accordingly stands disposed of. JUDGE Comparing Assistant