Page No.# 1/4 GAHC010078032026 2026:GAU-AS:9167 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./574/2026 JAHANUR ALOM AND ANR S/O HAZORAT ALI, R/O VILL BUDUCHAR HATKHOLA, PO DOLGUMA, PS MATIA, DIST GOALPARA, ASSAM 2: MONOWAR HUSSAIN S/O ABDUL BAREK R/O VILL HASILA BILL PO GOBINDAPUR PS GOALPARA DIST GOALPARA ASSAM PIN 78310 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR A SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 24.06.2026 Heard Mr. F. Haque, learned counsel for the petitioners, who have Page No.# 2/4 jointly filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for quashing of the FIR registered as Goalpara Police Station case No. 45/2026 under Section 87/64 (1) of BNS, 2023 read with Section 6/15 of POCSO Act, and read with Section 67 (B) IT Act. 2. Also heard learned Additional Public Prosecutor, Mr. K.K. Das appearing for the respondent State. 3. It is submitted at the bar that the petitioner No.2 lodged an FIR with allegation that the petitioner No.1 kidnapped his minor daughter, ‘x’ who was 17 years old at the time of incident. It is also alleged in the FIR that the petitioner No.1 took the victim in a vehicle towards the Pancharatna side and forcefully committed rape on her against her will. 4. I have considered the submissions at the bar with circumspection. 5. It is submitted that there is a love relationship between the petitioner No.1 and the daughter of petitioner No.2. The petitioner’s daughter has attained majority by now. An affidavit has been filed by the informant that the matter has been initially settled between the petitioner No.1 and the informant. The victim girl has attained majority and is of marriageable age now. The petitioner no.1 and the victim’s marriage will be solemnized soon. The petitioner No.2 is the informant. 6. Mr. A. Sarma, the learned counsel is present for the petitioner No.2 and he has raised no objection against the prayer to quash the proceedings. 7. As both the parties have amicably settled their dispute and as the Page No.# 3/4 petitioner No.2’s daughter has attained majority, it appears that possibility of conviction appears to be remote and bleak. 8. The learned counsel for the petitioner has relied on the decision of the Supreme Court in Shivaji Gangadhar Ingale –Vs- the State of Maharashtra, wherein vide order dated 11.02.2026 in connection with SLP (Criminal) No.1857/2026 it has been held that :- “4. I say and submit that, now considering the changed scenario coupled with the fact that, at the time of initiation of prosecution there was anger in the mind of deponent against the family members of the applicant No.1 and out of the said anger she has initiated the prosecution due to sheer misconception and/or strained relationship between the parties, so also she was tutored and exerted with pressure by her father to lodge the complaint as he was not in support of the affection shared between the applicant No.1 and deponent. 6. The learned counsel representing the prosecutrix has submitted that prosecutrix is now married and settled in life and continuance of these proceedings would leave an adverse impact on her mental well-being and may disturb her married life, therefore, the FIR may be quashed in terms of the compromise.” 9. Reverting back to this case, it has held that as the victim and the petitioner had a love affair and as the victim is willing to get married to the petitioner, it appears that the victim will not implicate the petitioner of any offence as alleged. Possibility of conviction indeed appears to be remote and bleak. Further proceedings will indeed be an abuse of the process of the Court and thereby this case appears to be a fit case to invoke the inherent jurisdiction Page No.# 4/4 of this Court under Section 528 of the BNSS, 2023. 10. In view of the foregoing discussions, the FIR registered as Goalpara Police Station case No. 45/2026 under Section 87/64 (1) of BNS, 2023 read with Section 6/15 of POCSO Act, and read with Section 67 (B) IT Act is hereby set aside and quashed or any subsequent proceedings if any, are set aside. 11. Accordingly, this criminal petition is disposed of. JUDGE Comparing Assistant