Gauhati High Court
Crl.Pet./628/2025 of SRI AMAR KUMAR CHOUDHURY AND 3 ORS. Vs THE STATE OF ASSAM AND ANR. on 9 September 2026
GAHC010115412025 2026:GAU-AS:13190 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./628/2025 SRI AMAR KUMAR CHOUDHURY AND 3 ORS. SON OF LATE CHANDRA PRASAD CHOUDHURY R/O GAJ PURIYA ROAD, RAJA MAIDAM, P.O. AND P.S. JORHAT, DIST. JORHAT,
GAHC010115412025
2026:GAU-AS:13190
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./628/2025
SRI AMAR KUMAR CHOUDHURY AND 3 ORS.
SON OF LATE CHANDRA PRASAD CHOUDHURY
R/O GAJ PURIYA ROAD, RAJA MAIDAM, P.O. AND P.S. JORHAT, DIST.
JORHAT, ASSAM
2: SMT BAVITA CHOUDHURY
WIFE OF SRI AMAR KUMAR CHOUDHURY
R/O GAJ PURIYA ROAD
RAJA MAIDAM
P.O. AND P.S. JORHAT
DIST. JORHAT
ASSAM
3: SRI RAMAN CHOUDHURY
SON OF SRI AMAR KUMAR CHOUDHURY
PERMANENT RESIDENT OF GAJ PURIYA ROAD
RAJA MAIDAM
JORHAT
ASSAM
PRESENTLY RESIDING MARATHAHALL -I SARTAPUR OUTER RING ROAD
CHANDRA LAYOUT
MARATHALL-I
BENGALURU
KARNATAKA
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY COMMISSIONER AND SECRETARY , HOME AFFAIRS
GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6
2:DR SWETA SADANI
C/O SRI PREM RATAN SADANI
RESIDENT OF SHRISTI DHARMESWAR
DINESH OJHA PATH
BHANAGAGARH
GUWAHATI- 781005
DIST. KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA
Advocate for the Respondent : PP, ASSAM, MR. N KOTHARI (R-2),MR. Y KOTHARI (R-2),MR. P
PRAWAR (R-2)
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
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ORDER
Date : 10-09-2026 Learned counsel Mr. S.K. Goswami is present for the petitioners, who have filed this application under Section 528 read with Section 438 and Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer to quash the entire proceedings of C.R. Case No. 140/2024 under Sections 498A/323 of the Indian Penal Code, 1860, read with Section 3 of the Dowry Prohibition Act, 1961, pending in the Court of Judicial Magistrate First Class, Kamrup (M), Guwahati.
2. The petitioner No. 3 is the husband of the respondent No. 2 and the petitioners No. 1 and 2 are the in-laws of the respondent No. 2. The petitioner No. 3 and the respondent No. 2 entered into an agreement to arrive at a settlement and the agreement is marked as Annexure-I of the additional affidavit. All the petitioners including the petitioner No. 3 and the respondent No. 2 have affixed their signatures on the agreement and they have agreed to settle all the cases pending between both the parties. The cases have already been settled and the only case that is pending against the petitioners is CR Case No. 140/2024.
3. Learned counsel Mr. S. Agarwal is present on behalf of Mr. Y. Kothari, representing the respondent No. 2.
4. I have heard both the sides.
5. Both the parties have amicably settled their disputes. I have also scrutinized the Annexure-I of the additional affidavit, which is an agreement executed between both the parties. Several cases have been pending between both the parties. All the cases have been amicably settled and the present lis is pending.
6. As per the agreement, Rs.21,51,000/- (Rupees Twenty One Lacs and Fifty One Thousand) has been paid by the petitioner No. 3 to the respondent No. 2, which has been received by the respondent No. 2. This amount has been paid on the basis of monetary settlement between both the parties. The stridhan articles have already been returned. Annexure-A to the Deed of Agreement is the list of stridhan articles, which has been returned to the respondent No. 2.
7. Learned counsel who is present for the respondent No. 2, has admitted that the respondent No. 2 has received all the articles listed in the Annexure-A of the Deed of Agreement. It is also admitted that the amount of Rs.21,51,000/- (Rupees Twenty One Lacs and Fifty One Thousand) has been received by the respondent No. 2.
8. Learned Additional Public Prosecutor Mr. P.S. Lahkar is present for the
State of Assam.
9. It is also submitted that a divorce case on mutual consent is pending between the petitioner No. 3 and the respondent No. 2 and this matter is fixed on 30.09.2026 in the Family Court, Kamrup (M), Guwahati.
10. As the parties have buried the hatchet and have agreed to amicably settle the disputes, it appears that further proceedings will be an abuse of the process of the Court. Thereby, the entire proceeding of C.R. Case No. 40/2024 pending in the Court of Judicial Magistrate First Class, Kamrup (M), Guwahati, is set aside and quashed on mutual settlement between both the parties.
11. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant