Quashed¶31

Gulshan Ahmed Alias Gulsan Ahmed Alias Jiyeshi v. the State of Assam and Anr.

Gauhati HC5 Jun 2025Crl.Pet./608/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on amicable settlement; Section 528 BNSS 2023 inherent jurisdiction; Sections 376/506 IPC; non-compoundable offence; conviction prospects remote and bleak; witnesses retracting; abuse of process of the Court; trial not commenced; charge sheet; absconder; Gauhati High Court 2025; Crl.Pet./608/2025; Algapur PS Case No. 9/2020; GR Case No. 54/2020; PRC Case No. 55/2020; FIR No. 9/2020; K Moni Mohan Singha Criminal Petition No. 1092/2023; Madhavrao Jiwaji Rao Scindia AIR 1988 SC 709; Cachar; Hailakandi; Susmita Phukan Khaund.

What did the court decide?

Petition disposed of; proceedings of GR Case No. 54/2020, corresponding to PRC Case No. 55/2020, arising out of Algapur PS Case No. 9/2020, under Sections 376/506 IPC, set aside and quashed. ¶31

Gulshan Ahmed Alias Gulsan Ahmed Alias Jiyeshi Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of; proceedings of GR Case No. 54/2020, corresponding to PRC Case No. 55/2020, arising out of Algapur PS Case No. 9/2020, under Sections 376/506 IPC, set aside and quashed.

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Issue for consideration

Whether the proceedings of GR Case No. 54/2020, corresponding to PRC Case No. 55/2020, arising out of Algapur PS Case No. 9/2020, under Sections 376/506 IPC, should be set aside and quashed under Section 528 BNSS, 2023, in view of the amicable settlement between the petitioner and respondent No. 2.

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Court's answer

Both parties are represented before the Court and it is submitted on behalf of both that they have amicably settled the case.

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Ratio / Principle

Although the case relates to a serious offence, the possibility of conviction appears remote and bleak, and further proceeding would be an abuse of the process of the Court serving no purpose.

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Key takeaways

Even if the parties are directed to appear as witnesses, there is every possibility they will retract from their allegations, leaving the Court no alternative but to acquit the accused.ratio¶30
Trial has not commenced; the parties settled their dispute at the initial stage.ratio¶30
Invoking the inherent jurisdiction under Section 528 BNSS, 2023, the Court set aside and quashed the proceedings of GR Case No. 54/2020 / PRC Case No. 55/2020 (Algapur PS Case No. 9/2020, Sections 376/506 IPC).

Detailed headnote1 paragraphs

Gauhati High Court (Susmita Phukan Khaund, J.), Crl.Pet./608/2025, decided 06.06.2025: Application under Section 528 BNSS, 2023 to set aside and quash GR Case No. 54/2020, corresponding to PRC Case No. 55/2020, arising out of Algapur PS Case No. 9/2020, under Sections 376/506 IPC. Respondent No. 2 (‘X’) submitted the matter stood amicably settled and she was not willing to proceed; the Additional Public Prosecutor objected, noting the charge sheet laid under Sections 376/506 IPC and that the petitioner was shown as an absconder. Holding that, although the offence was serious, the possibility of conviction was remote and bleak, the witnesses would likely retract, trial had not commenced and the dispute was settled at the initial stage, so that further proceeding would abuse the process of the Court, the Court invoked its inherent jurisdiction under Section 528 BNSS, 2023, set aside and quashed the proceedings, and disposed of the petition. Reliance was placed on a coordinate Bench decision in K Moni Mohan Singha @ Moni Mohan Singha v. State of Assam and Another, Criminal Petition No. 1092/2023, which in turn quoted Madhavrao Jiwaji Rao Scindia v. Sambhajirao Chandrojirao Angre, AIR 1988 SC 709.

Page No.# 1/4

GAHC010109812025

2025:GAU-AS:7443

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

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Case No. : Crl.Pet./608/2025

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GULSHAN AHMED ALIAS GULSAN AHMED ALIAS JIYESHI SON OF ATABUR ROHMAN, VILL- HOWAITHONG, .S. DHOLAI, DIST. CACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM

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2:SAJNA BIBI MAZUMDER W/O ABDUL KAYUM MAZUMDER VILL- SAYEDBOND PART-II P.O. MOHANUR P.S. ALGAPUR DIST. HAILAKANDI ASSAM PIN-78815

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Advocate for the Petitioner : MR. A M BARBHUIYA, MR. B SAHARIA

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Advocate for the Respondent : PP, ASSAM, MS A BEGUM (R-2),MS S R MAZARBHUIYA(R-2)

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BEFORE

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HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER

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06.06.2025

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Heard learned counsel, Mr A M Barbhuiyan, for the petitioner, Gulshan Ahmed @

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Gulsan Ahmed @ Jiyeshi, who has filed this application under Section 528 of the BNSS,

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Page No.# 2/4

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2023, with prayer for setting aside and quashing the impugned proceeding of GR Case No. 54/2020, corresponding to PRC Case No. 55/2020, arising out of Algapur PS Case No. 9/2020, under Sections 376/506 of the Indian Penal Code, 1860.

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Heard learned Additional Public Prosecutor, Mr D P Goswami, appearing on behalf

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of the State respondent, who has raised objection, stating that this case has been registered under Sections 376/506 IPC, with serious allegations and charge sheet has also been laid against the petitioner, under the aforementioned sections of law. It is further submitted by the learned Additional Public Prosecutor the petitioner has been shown as an absconder in the charge sheet and he is not entitled to any relief.

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Heard Ms S R Mazarbhuyan, learned counsel for the respondent No. 2-‘X’, who has submitted that the matter has been amicably settled between the respondent No. 2 and the petitioner and the respondent No. 2, is not willing to proceed against the petitioner.

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It is submitted on behalf of the petitioner that this is an old pending case. The date of the alleged incident is 16.12.2019 and the complaint case was filed on 06.01.2020, which was finally registered as FIR No. 9/2020. The delay has been overlooked by the Investigating Officer, while submitting the charge sheet against the appellant, but the Investigating Officer, after preliminary investigation, could assume that a false case with fabricated story was brought up against the petitioner, but as the offence alleged was of serious nature, the Investigating Officer had to submit the charge sheet.

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It is further submitted that the victim approached the Investigating Officer and

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Page No.# 3/4

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requested him, not to proceed with the case, but as this case is non-compoundable, the Investigating Officer had to proceed with the investigation till its conclusion.

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The learned counsel for the petitioner has relied on the decision of a coordinate Bench of this Court in K Moni Mohan Singha @ Moni Mohan Singha -Vs- State of Assam and Another., wherein in an application under Section 482 of the CrPC, the PRC Case No. 1018/2023, arising out of GR Case No. 2188/2020, corresponding to Kachudaram PS Case No. 53/2020, under Section 376 IPC, was set aside and quashed. While setting aside and quashing the impugned order in Criminal Petition No. 1092/2023, it was observed by the coordinate Bench that-

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“ Law was laid down way back by the Hon’ble Apex Court in the case of Madhavrao Jiwaji Rao Scindia and anr. Vs- Sambhajirao Chandrojirao Angre & ors, reported in AIR 1988 SC 709, that a proceeding may be quashed, if the chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue. This is because otherwise the parties and the witnesses will be dragged to court and process of the Court will be abused for no purpose. When the parties have already entered into compromise, even if they are dragged to court as witnesses, there is every likelihood of their turning back from the allegations and in that event, the learned Court will be left with no other alternative, but to acquit the accused person. In that event, there will be unnecessary engagement of valuable judicial time and so taking a practical view of the matter, it appears to be proper to accept the reality and to put an end to the ongoing litigation.”

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Reverting back to this case, it is held that both the parties are represented and it is submitted on behalf of the both the parties that both the parties have amicably settled

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this case. Although this case is relating to a serious offence, the possibility of conviction appears to be remote and bleak. Further proceeding will indeed be an abuse of the process of the Court and will serve no purpose. Even if the parties are directed to appear before the Court as witnesses, there is every possibility that the witnesses will retract from their allegations and the learned Court will be left with no other alternative, but to acquit the accused person. Trial has also not commenced in this case and at the initial stage, both the parties have settled their dispute.

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In the wake of the foregoing discussions, I deem it appropriate to invoke the inherent jurisdiction under Section 528 of the BNSS, 2023, and quash the proceedings and thereby, further proceedings of GR Case No. 54/2020, corresponding to PRC Case No. 55/2020, arising out of Algapur PS Case No. 9/2020, under Sections 376/506 of the Indian Penal Code, 1860, is hereby set aside and quashed.

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In view of the above observations, this criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Gulshan Ahmed Alias Gulsan Ahmed Alias Jiyeshi v. the State of Assam and Anr.

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Gulshan Ahmed Alias Gulsan Ahmed Alias Jiyeshi v. the State of Assam and Anr.

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