Allowed¶9

Nabajyoti Lahon v. the State of Assam and Anr.

Gauhati HC14 Jun 2026Crl.Pet./429/2026

Case brief

AI extract

What is this about?

Gauhati High Court, Crl.Pet./429/2026, decided 15.06.2026, Sanjeev Kumar Sharma, J. — quashment under Section 528 BNSS 2023 of criminal proceeding under Sections 69/89 BNS 2023 (All Woman P.S. Case No. 83/2025; PCR No. 299/2026; C.S. No. 73/2025 dated 10.12.2025) on settlement between parties; petitioner Nabajyoti Lahon; respondent No. 2/complainant Dipsikha Gogoi; State of Assam; related orders: AB No. 2781/2025 (pre-arrest bail, 06.01.2026) and Crl. Petition No. 419/2026 (cross-case quashed, 23.03.2026).

What did the court decide?

Quashing of the criminal proceeding in PCR No. 299/2026 pursuant to C.S. dated 10.12.2025 bearing No. 73 of 2025, arising out of All Women P.S. Case No. 83/2025 under Section 69/89 BNS. ¶9

Nabajyoti Lahon Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

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GAHC010055382026

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

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Case No. : Crl.Pet./429/2026

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NABAJYOTI LAHON S/O SRI JUGA LAHON, R/O JOYSAGAR COLLEGE CHARIALI, SIVASAGAR, DIST. SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SMTI DIPSIKHA GOGOI D/O LATE BINOD GOGOI R/O BORBHETA CHALIHA GAON DIST. JORHAT ASSAM PIN-785004 ALSO AT TARUN RESIDENCY 3RD FLOOR BYE LANE NO. 2 AJANTA PATH BELTOLA DIST. KAMRUP (M) GUWAHATI ASSAM

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Advocate for the Petitioner : MR R SENSUA, MS. D SARMAH,R A LAHKAR,G KAUSHIK Advocate for the Respondent : PP, ASSAM, MR. D GOGOI(R2)

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BEFORE

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HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 15 .06. 2026

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Heard Mr. R. Sensua, learned counsel for the petitioner and K. Baishya, learned Addl. Public Prosecutor, Assam for the State respondent No. 1. Also

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heard Dr. D. Gogoi, learned counsel for the respondent No. 2.

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2 . This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the criminal proceeding pursuant to All Woman P.S. Case No. 83/2025 under Sections 69/89 of the BNS, 2023.

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3 . The charge sheet has already been submitted in the instant case. As per allegation, the petitioner was having close relationship with the complainant and upon a promise of marriage, she entered into physical relationship with the petitioner, as a result of which she became pregnant and subsequently she underwent abortion.

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4 . The learned counsel for the petitioner referred to the FIR lodged by the petitioner himself against the complaintant much prior to the present FIR wherein certain allegations have been made against her. This court vide order dated 06.01.2026 in AB No. 2781/2025 has also granted pre-arrest bail to the petitioner. It is submitted by the learned counsel for the petitioner as well as the learned counsel for the respondent No. 2/complainant that subsequently the matter has been settled between the parties and in this regard an agreement, duly notarized, has been executed between the complainant and the present petitioner, copy of which has been annexed to the instant petition.

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5 . It is stated inter alia in the said petition that both the parties have amicably resolved their dispute pursuant to discussion and they not wish to pursue the cases and they intend to put an end to their dispute and to live with

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peace and harmony. Both the parties have expressed no objection if the respective cases lodged against each other are quashed.

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6 . It is submitted that the case lodged by the petitioner against the complainant has already been quashed by this Court vide order dated 23.03.2026 in Crl. Petition No. 419 of 2026.

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7 . The Hon’ble Apex Court has held that in appropriate cases, when the parties have came to a settlement and there is no prospect of the prosecution ending in conviction due to parties already having arrived at a settlement, it would be within the powers and discretion of the High Court to quash criminal proceeding as continuance thereof would amount to abuse of the process of the Court and no purpose would be served by the same.

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8 . Having regard to the facts and circumstance of the instant case and the submissions of the learned counsel for the parties, I am of the view that this is a fit case wherein criminal proceeding in question are required to be quashed. Accordingly, the criminal proceeding in PCR No. 299/2026 pursuant to C.S. dated 10.12.2025 bearing No. 73 of 2025 arising out of the All Women P.S. Case No. 83/2025 under Section 69/89 BNS stands quashed.

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9 . The petition stands allowed.

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JUDGE

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Comparing Assistant

Nabajyoti Lahon v. the State of Assam and Anr.

Case brief

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Nabajyoti Lahon v. the State of Assam and Anr.

Case brief

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