Allowed¶35

Safiqul Alias Safikul Islam and 3 Ors. v. the State of Assam

Gauhati HC13 Oct 2025Crl.Pet./1105/2025

Case brief

AI extract

What is this about?

Quashing of FIR on settlement; Bhangagarh PS Case No. 138/2025; Sections 126(2)/118(2)/109/3(5) BNS 2023; Section 528 BNSS 2023; joint quashing petition by informant and accused; deed of settlement dated 28.08.2025; simple injuries per medical report against grievous injuries alleged in FIR; Gauhati High Court; Shamima Jahan, J.; FIR dated 15.08.2025 quashed; petition disposed of.

What did the court decide?

Quashing of the FIR registered as Bhangagarh PS Case No. 138/2025 under Section 126(2)/118(2)/109/3(5) of the BNS on 15.08.2025; petition disposed of. ¶35

Safiqul Alias Safikul Islam and 3 Ors. Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the FIR registered as Bhangagarh PS Case No. 138/2025 under Section 126(2)/118(2)/109/3(5) of the BNS on 15.08.2025; petition disposed of.

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Issue for consideration

Whether the FIR registered as Bhangagarh PS Case No. 138/2025 under Section 126(2)/118(2)/109/3(5) of the BNS, 2023 and all proceedings arising therefrom ought to be quashed on the basis of a deed of settlement between the complainant and the petitioners.

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Court's answer

In view of the deed of settlement between the complainant and petitioner No. 1, the joint petition by the informant and the accused persons, and the pleadings that the incident occurred due to misunderstanding, this Court found it fit that the FIR be quashed for the ends of justice.

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Ratio / Principle

The FIR registered at Bhangagarh Police Station being Bhangagarh PS Case No. 138/2025, registered under Section 126(2)/118(2)/109/3(5) of the BNS on 15.08.2025, is quashed.

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Detailed headnote1 paragraphs

Gauhati High Court (Shamima Jahan, J.), Crl.Pet./1105/2025, decided 14.10.2025 — Petition under Section 528 of the BNSS, 2023 for quashing of FIR being Bhangagarh PS Case No. 138/2025 under Section 126(2)/118(2)/109/3(5) of the BNS, 2023, arising from an incident of 14.08.2025 in which the complainant's son was allegedly beaten by a gang of 6-7 persons. The informant (petitioner No. 4) and the accused petitioners jointly sought quashing on the basis of a deed of settlement dated 28.08.2025 between the complainant and petitioner No. 1, which recorded misunderstanding and a sudden altercation, the complainant's realization that the FIR should not have been lodged against petitioners no. 1, 2 & 3, and the petitioners' plea (paragraphs 5-7 of the petition) that the incident occurred due to misunderstanding at the spur of the moment. The Additional Public Prosecutor noted from the case diary that the medical report showed simple injuries though the FIR alleged grievous injuries, and opposed quashing on the ground that Section 109 BNS is a serious offence. Holding that the FIR may be quashed for the ends of justice, the Court quashed the FIR dated 15.08.2025 and disposed of the petition.

Page No.# 1/4

GAHC010198542025

2025:GAU-AS:13711

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

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Case No. : Crl.Pet./1105/2025

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SAFIQUL ALIAS SAFIKUL ISLAM AND 3 ORS SON OF AKBAR ALI R/O GOTABARI, P.S. SUKCHAR MANKACHAR, DIST. DHUBRI, ASSAM, PIN-783131

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2: MOFIDUL ALI C/O KAMALA KHATUN R/O VILL- MAZDIA CHENGA MAZDIA

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P.S. BARPETA

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DIST. BARPETA ASSAM PIN-781301.

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3: SAHIDUR RAHMAN S/O AKBAR ALI VILL- GOTABARI

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P.S. SUKCHAR PIN-783131 DIST. DHUBRI ASSAM

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4: BHARAT DHALI S/O RUMONI DHALI R/O H/NO. 08 VEVEKANDA PATH LALGANESH ROAD

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P.S. BHANGAGARH

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Page No.# 2/4

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DIST. KAMRUP (M) ASSAM PIN-78100 VERSUS

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THE STATE OF ASSAM THROUGH THE PP, ASSAM

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Advocate for the Petitioner : MR. A GANGULY, MR. A DUTTA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 14.10.2025

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Heard Mr. A Dutta, learned counsel for the petitioners. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam.

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By this application filed under Section 528 of the BNSS, 2023 the petitioners have prayed for setting aside and quashing of the FIR being registered as Bhangagarh PS Case No. 138/2025 under Section 126(2)/118(2)/109/3(5) of the BNS, 2023 and all impugned proceedings arising therefrom.

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It be stated here that both the victim and the complainant have come before this Court by filing a joint petition for quashing of the said FIR on the ground of settlement. The FIR dated 15.08.2025 lodged by petitioner No. 4 reveals that at around 2:00 PM on 14.08.2025 while his son was on duty, a gang of 6-7 persons

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Page No.# 3/4

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surrounded him near a hospital and by pushing him down beat him up with a stick and caused grievous injuries and that he was rushed to the GMCH for treatment. The police on receipt of the FIR registered the case under the aforementioned Sections of law.

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Mr. A Dutta, learned counsel for the petitioners submits that there was a misunderstanding between the parties and the said FIR was lodged and that he states that a deed of settlement was entered into between the parties on 28.08.2025 between the complainant and petitioner No. 1. As such, he submits that the instant FIR may be quashed as the same would not lead to any proper results.

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Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam, however on perusal of the Case Diary, submits that although in the FIR it is written that the victim had suffered grievous injuries but it is seen from the medical report that the victim had suffered simple injuries. He also submits that the statement of the victim shows that all the petitioners are involved in beating him up in the said place of occurrence. He also submits that Section 109 is incorporated in the instant case which is a serious offence and settlement cannot be reached for the same between the parties.

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I have heard learned counsel for both parties and have carefully gone through the records. It is noticed that the informant and other accused persons have filed the instant petition jointly and have prayed on the basis of this deed of settlement that the FIR may be quashed for the ends of justice.

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Page No.# 4/4

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In the deed of settlement, it was stipulated that there was misunderstanding and a sudden altercation between the parties concerned and for that the life of the party concerned may not be spoilt. It is also stated in the said agreement that the complainant, after speaking to his son, has realized that the FIR should not have been lodged against the petitioners no. 1, 2 & 3 with such serious allegations and that he agrees that the same may be withdrawn for the ends of justice.

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The petitioners apart from the said deed of settlement have also pleaded in the said petition, more specifically in paragraph No. 5, 6 & 7 that the entire incident have taken place due to misunderstanding and at the spur of the moment and have agreed to end the enmity amongst them.

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In view of the same, this Court finds it fit that the FIR may be quashed for the ends of justice.

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Accordingly, the FIR registered at Bhangagarh Police Station being Bhangagarh PS Case No. 138/2025 registered under Section 126(2)/118(2)/109/3(5) of the BNS on 15.08.2025 is quashed.

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Petition stands disposed of.

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JUDGE

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Comparing Assistant

Safiqul Alias Safikul Islam and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Safiqul Alias Safikul Islam and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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