Page No.# 1/4 vs The State Of Assam
2025 Latest Caselaw 498 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam on 14 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                       Page No.# 1/4

GAHC010020852025




                                                                2025:GAU-AS:5922

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./109/2025

            NAZMA BEGUM BARBHUIYA AND 2 ORS
            W/O ALTAF HUSSAIN TAPADAR
            RESIDENT OF KALAIN LAKHIPUR PART II, PO KALAIN, DISTRICT
            CACHAR ASSAM

            2: ALTAF HUSSAIN TAPADAR
             S/O LATE LIAKAT ALI TAPADAR

            RESIDENT OF KALAIN LAKHIPUR PART II
            PO KALAIN
            DISTRICT CACHAR ASSAM

            3: KAMRUL HUSSAIN TAPADAR
             S/O LATELIAKATALI TAPADAR
            RESIDENT OF KALAIN LAKHIPUR PART II
             PO KALAIN
             DISTRICT CACHAR ASSA

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MR. J LASKAR,

Advocate for the Respondent : PP, ASSAM,
                                                                            Page No.# 2/4



                                     :: BEFORE ::
                  HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      O R D E R

14.05.2025

Heard Mr. J. Laskar, the learned counsel appearing for the petitioners. Also heard Mr. J. Chutia, the learned Addl. Public Prosecutor, Assam.

2. This is a joint application under Section 582 of the BNSS, 2023, praying for quashing the criminal proceedings PRC Case No.3019/2019 arising out of G.R. Case No.3010/2019 pending in the court of learned Judicial Magistrate First Class, Hailakandi.

3. The petitioners are wife and husband. On 29.11.2019, the wife had lodged an ejahar against her husband and his relatives alleging that after her marriage with her husband on 29.02.2006, her husband had started to maintain illicit relationship with another girl. When the wife confronted her husband on that issue, the husband misbehaved with her. She was even physically harassed. The husband often used to spend nights in the house of his girlfriend.

4. During that period, the wife was blessed with two children. After the birth of the children, the physical harassment of the husband started to reach new heights. The wife came to know that her husband had already married his girlfriend.

5. In spite of that, on 13.11.2019, the husband started to demand money from the complainant wife. When she failed, she and her two children were sent back to the house of her parents.

6. On 18.11.2019, the father of the husband of the complainant wife came to the house of her parents and wanted to take back the complainant wife to his house as Page No.# 3/4

her husband wanted her in his house. The complainant wife along with her children returned with her father-in-law in a car. But this father-in-law allegedly committed rape upon the complainant.

7. Police registered the case being Hailakandi P.S. Case No.1269/2019 under Sections 498-A/376 and 506 of the Indian Penal Code read with Section 34 of the said Code. On conclusion of investigation, the charge sheet was filed and the learned Judicial Magistrate First Class, Hailakandi took cognizance of the said offences against the husband and his father.

8. Now, both the wife and the husband have come to this Court stating that they have now settled their dispute and are living happily with their two children. The wife submits that she no longer wants to proceed further with the said case.

9. I have considered the submissions made by the learned counsel of both sides.

10. The guidelines for consideration of a petition under Section 482 of the CrPC 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. (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 Page No.# 4/4

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."

11. Coming back to the case in hand, this Court is of the opinion that the ratio laid down in Bhajan Lal (supra), is applicable in this case. There is no possibility of conviction in the said case. So, allowing such a proceeding to continue before the trial court, would be an abuse of the process of the court.

12. This Court is of the opinion that this is a fit case for exercising the power under Section 528 of the BNSS, 2023.

13. The criminal proceedings of PRC Case No.3019/2019 arising out of G.R. Case No.3010/2019 pending in the court of learned Judicial Magistrate First Class, Hailakandi, is quashed and set aside.

The Criminal Petition is disposed of.

JUDGE

Comparing Assistant