[Cites 5, Cited by 0]
Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 30 March, 2026
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/4
GAHC010052842026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./373/2026
ASSRUV DAS AND ANR
S/O- LATE BHABEN DAS.
PERMENENT R/O- PUB SURUJ NAGAR, P.O.- KAHILIPARA. P.S.-
KAHILIPARA, DIST.- KAMRUP(M), ASSAM, PIN- 781019.
PRESENTLY R/O- BHAGBAT DHAM, JYOTIKUCHI, P.O.- JYOTIKUCHI, P.S.-
DISPUR, DIST.- KAMRUP(M), STATE- ASSAM, PIN- 781040.
2: NAZIA BORO
W/O- ASSRUV DAS.
PERMENENT R/O- PUB SURUJ NAGAR
P.O.- KAHILIPARA. P.S.- KAHILIPARA
DIST.- KAMRUP(M)
ASSAM
PIN- 781019.
PRESENTLY R/O- BHAGBAT DHAM
JYOTIKUCHI
P.O.- JYOTIKUCHI
P.S.- DISPUR
DIST.- KAMRUP(M)
STATE- ASSAM
PIN- 781040
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP, ASSAM
2:MRINAL BORO.
S/O- LATE DANGSHI RAM BORO.
R/O- BIKASH NAGAR
H.NO.04
KAILASHPUR
LALGANESH
P.S.- DISPUR
Page No.# 2/4
DIST.- KAMRUP(M)
ASSAM
PIN- 781034
Advocate for the Petitioner : MR. J ABBAS, SK ABDULLAH,MS P BORA
Advocate for the Respondent : PP, ASSAM, MR. A TARAFDAR(R2)
:: BEFORE ::
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
30.03.2026
Heard Mr. J. Abbas, the learned counsel appearing for the petitioners. Also
heard Mr. Bhaskar Sharma, the learned Addl. Public Prosecutor, Assam as well as Mr.
A. Tarafdar, the learned counsel appearing for the Respondent No.2.
2. This is an application under Section 528 of the BNSS, 2023 praying for quashing
the criminal proceedings of Sessions Special Case No.287/2024 pending in the court of
the learned Special Judge (POCSO), Kamrup(M), Guwahati.
3. On 18.07.2024, the informant Dr. Dibyatatna Patgiri had filed an FIR before
police alleging that on 17.07.2024, at about 3.45 P.M., a 17 year old pregnant girl was
brought before him in advance stage of pregnancy. It was a medical emergency.
Therefore, the girl was taken to the operation theatre where the minor girl normally
delivered a male child.
4. Today, the said minor girl along with her husband have come together to this
Court praying for quashing the criminal proceedings on the ground that they are
already married and are now living happily. The Respondent No.2, i.e. the father of
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the girl also submitted that his daughter is living happily with her husband.
5. I have considered the submissions made by the learned counsel of both sides.
6. 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. Paragraphs 102 and 103 of the
judgment read 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
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
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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.
103. We also give a note of caution to the effect that the power of quashing a criminal
proceeding should be exercised very sparingly and with circumspection and that too in
the rarest of rare cases; that the court will not be justified in embarking upon an
enquiry as to the reliability or genuineness or otherwise of the allegations made in the
FIR or the complaint and that the extraordinary or inherent powers do not confer an
arbitrary jurisdiction on the court to act according to its whim or caprice."
7. Coming back to the case in hand, this Court is of the opinion that under the
given circumstances, there is no possibility of conviction of any person in this case.
Therefore, allowing the criminal proceedings to continue before the trial court would
be nothing but an abuse of the process of the court.
8. Therefore, this Court is of the opinion that this a fit case for exercising power
under Section 528 of the BNSS, 2023.
9. Accordingly, the criminal proceedings of Sessions Special Case No.287/2024
pending in the court of the learned Special Judge (POCSO), Kamrup (M), Guwahati, is
quashed and set aside.
The criminal petition is disposed of accordingly.
JUDGE
Comparing Assistant
