Gauhati High Court Quashes Criminal Proceedings in Personal Dispute Cases Court Utilizes Inherent Powers to Quash Proceedings Due to Amicable Settlement Between Parties
In a significant judgment, the Gauhati High Court has quashed two criminal proceedings, highlighting the judicial system's approach towards personal disputes that have been amicably resolved between parties. The cases, involving allegations of sexual harassment and intimidation, were initially filed under Sections 354A/376/511 and 447/506 of the Indian Penal Code. The petitions were brought before the court by Surajit Kumar Bhagowati and Dr. Mousmi Saikia, who had lodged complaints against each other, leading to separate criminal cases.
The judgment, delivered by Justice Anjan Moni Kalita, centered on the petitions filed under Section 482 of the Criminal Procedure Code, seeking the quashing of the criminal proceedings. The court examined the cases together due to the intertwined nature of the disputes and the involvement of both parties in each other's cases.
Central to the court's decision was a Memorandum of Understanding (MoU) notarized on July 16, 2025, wherein both parties agreed to resolve their differences amicably and decided not to pursue their respective cases further. The court noted that the disputes were private in nature and did not affect society at large. Given the settlement achieved between the parties, the court exercised its inherent powers under Section 482 of the Cr.P.C., which allows for the quashing of criminal proceedings even in non-compoundable offenses when the continuation of such proceedings serves no practical purpose.
Justice Kalita referred to several precedents set by the Supreme Court, including the cases of Gian Singh v. State of Punjab and Parbatbhai Aahir v. State of Gujarat, which affirm the High Court's authority to quash proceedings in cases where the dispute is predominantly private and the possibility of conviction is minimal.
The judgment emphasized that the continuation of the criminal proceedings would be an exercise in futility, considering the nature of the allegations and the mutual settlement reached by the parties. The court underscored the principle that the inherent powers preserved by Section 482 are aimed at preventing the abuse of the judicial process and securing the ends of justice.
In light of these observations, the Gauhati High Court quashed the proceedings in both PRC No. 93/2023 and PRC No. 2320/2022, pending before the Chief Judicial Magistrate, Nagaon, thereby disposing of the petitions filed by Surajit Kumar Bhagowati and Dr. Mousmi Saikia.
This judgment underscores the judiciary's role in recognizing and facilitating resolutions that prioritize peace and justice over prolonged litigation, especially in cases of personal disputes that have been amicably settled.
Bottom Line:
High Court has the power to quash criminal proceedings involving non-compoundable offences if the dispute is private in nature, parties have amicably resolved their differences, and continuation of proceedings would serve no purpose.
Statutory provision(s): Section 482, Section 354A, Section 376, Section 511, Section 447, Section 506 of the Indian Penal Code.
Surajit Kumar Bhagowati v. State of Assam, (Gauhati) : Law Finder Doc Id # 2823652
