Page No.# 1/6 GAHC010098772026 2026:GAU-AS:7186 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./722/2026 MUKESH KUMAR SINGH AND ANR S/O- LATE KAPILEDWAR PRASAD SINGH 2: ALISHA SINGH WIFE OF MUKESH KUMAR SINGH BOTH ARE RESIDENT OF HOUSE NO.248 PESEIYE COMPLEX PANTALOON BUILDING TAJEN AO ROAD PS AND DIST- DIMAPUR NAGALAN VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR. A K GUPTA, MR A HAWARI,MR. R ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/6 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 25.05.2026 Heard Mr. A.K. Gupta, the learned counsel appearing for the petitioners. Also heard Mr. Bidyut Sarma, the learned Addl. Public Prosecutor, Assam representing the State. 2. This a joint application under Section 528 of the BNSS, 2023 praying for quashing the proceedings of All Women Police Station Case No.05/2026 and the Charge Sheet No.07/2026 dated 31.03.2026 (corresponding to the PRC Case No.1413/2026) pending in the court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati. 3. The second petitioner had lodged an FIR before police against her husband, the first petitioner. At one point of time, both the petitioners were working at Nissan Automobile Agency, Dimapur, Nagaland. They developed relationship. Ultimately, on 12.02.2022, their marriage was solemnized. After marriage, they came to Guwahati and started living together. He was working in another automobile company at Guwahati. In the meantime, his wife came to know that he was maintaining illicit relationship with another girl. This issue became the bone of contention between them. On some occasions, he started to physically assault his wife. The wife became pregnant also and she gave birth to a baby girl at Dimapur. 4. At that moment, the wife came to know that her husband was already married to another woman when he married her. She also came to know that her husband had a Page No.# 3/6 son from his first marriage. Again, violence erupted. She came back to Guwahati and started to live separately with her daughter. 5. By filing the present petition, the wife has now submitted that they have settled their disputes and no longer wants to proceed further with the case before the trial court. 6. Mr. Gupta has relied upon a judgment of the Hon’ble Supreme Court that was delivered in Jitendra Raghuvanshi & Ors. v. Babita Raghuvanshi & Anr., reported in 2013 AIR SCW 2349. Paragraphs 11, 12 and 13 of the said judgment are quoted as under: “11) The inherent powers of the High Court under Section 482 of the Code are wide and unfettered. In B.S. Joshi (supra), this Court has upheld the powers of the High Court under Section 482 to quash criminal proceedings where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably. We are satisfied that the said decision is directly applicable to the case on hand and the High Court ought to have quashed the criminal proceedings by accepting the settlement arrived at. 12) In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings. 13) There has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead Page No.# 4/6 of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising its extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court or that the ends of justice require that the proceedings ought to be quashed. We also make it clear that exercise of such power would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. It is the duty of the courts to encourage genuine settlements of matrimonial disputes and Section 482 of the Code enables the High Court and Article 142 of the Constitution enables this Court to pass such orders.” 7. I have considered the submissions made by the learned counsel of both sides. 8. The guidelines for consideration of a petition under Section 482 of the CrPC (now Section 528 of the BNSS, 2023 ) has been laid down by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads as under: “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. Page No.# 5/6 (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” 9. Reverting to the case in hand, the institution of marriage occupies an important place and it has important role to play in the society. The Supreme Court has held that every effort should be made in the interest of individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising its extra-ordinary jurisdiction. It is tried to state that the power under Section 528 of the BNSS, 2023 should be exercised sparingly and with circumspection only when the court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the court and that the ends of justice require that the proceedings ought to be quashed. 10. This Court is of the opinion that under the given circumstances, there is no possibility of conviction of the husband in this case. Therefore, allowing the criminal proceedings to continue before the trial court would be nothing but an abuse of the Page No.# 6/6 process of the court. 11. This Court is of the opinion that this is a fit case for exercising power under Section 528 of the BNSS, 2023. 12. The criminal petition is allowed. The proceedings of All Women Police Station Case No.05/2026 and the Charge Sheet No.07/2026 dated 31.03.2026 (corresponding to the PRC Case No.1413/2026) pending in the court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, is quashed and set aside. JUDGE Comparing Assistant