Kalyan Kumar Sarma And 3 Ors vs The State Of Assam on 13 July, 2026

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    Gauhati High Court

    Kalyan Kumar Sarma And 3 Ors vs The State Of Assam on 13 July, 2026

                                                                    Page No.# 1/13
    
    GAHC010136032026
    
    
    
    
                                                              2026:GAU-AS:9501
    
                          THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                              Case No. : Crl.Pet./979/2026
    
             KALYAN KUMAR SARMA AND 3 ORS
             S/O LATE MRIGEN SARMA, R/O BELTOLA TINIALI, KRISHNA ARJUN PATH,
             HOUSE NO. 18, P.S. BELTOLA, DIST- KAMRUP METRO, ASSAM
    
             2: SMTI RUPJYOTI SARMAH
             W/O- LATE MRIGEN SARMA
              R/O- HOUSE NO. 18
              KRISHNA ARJUN PATH
              BELTOLA TINIALI
              BHETAPARA ROAD
              GUWAHATI
              BASISTHA POLICE STATION
              KAMRUP METRO
              P..S SONAPUR
             ASSAM
    
             3: SMTI SEWALI BASUMATARY
              D/O- BIJAY BASUMATARY
              RESIDENT OF NABUDOI PATH
              HOUSE NO. 13
              GHURAMARA
              GUWAHATI
              P.S. HATIGAON
              DIST. KAMRUP METRO.
    
             4: SMTI. POONAM MAHANTA BRAHMA
             W/O- KALYAN KUMAR SARMA
              R/O- BELTOLA TINIALI
              BHETAPARA ROAD
              BYELANE NO. 5
              KRISHNA ARJUN PATH
              HOUSE NO. 18
              GUWAHATI
              P.S. BASISTHA
                                                                             Page No.# 2/13
    
                 DIST. KAMRUP METRO
                 ASSA
    
                VERSUS
    
                THE STATE OF ASSAM
                REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
    
    
    
    Advocate for the Petitioner   : MR. A K BHUYAN, MR. M K DAS,MS Z ANJUM,MS. B
    CHETRY,MR. A DAS
    
    Advocate for the Respondent : PP, ASSAM,
    
    
    
    
                 Linked Case : Crl.Pet./982/2026
    
                SMTI RUPJYOTI SARMAH AND ANR
                W/O LATE MRIGEN SARMA
                R/O BELTOLA TINIALI
                KRISHNA ARJUN PATH
                HOUSE NO. 18
                P.S. BELTOLA
                DIST. KAMRUP METRO
                ASSAM
    
                2: SMTI POONAM MAHANTA BRAHMA
                W/O- KALYAN KUMAR SARMA
                 R/O- BELTOLA TINIALI
                 BHETAPARA ROAD
                 BYE LANE NO. 5
                 KRISHNA ARJUN PATH
                 H/NO. 18
                 GUWAHATI
                 P.S. BASISTHA
                 DIST. KAMRUP METRO
                ASSAM
                VERSUS
    
                THE STATE OF ASSAM
                REPRESENTED BY THE PUBLIC PROSECUTOR
                ASSAM
                                              Page No.# 3/13
    
    
    ------------
    Advocate for : MR. A K BHUYAN
    Advocate for : PP
    ASSAM appearing for THE STATE OF ASSAM
    
    
    
    Linked Case : Crl.Pet./985/2026
    
    KALYAN KUMAR SARMA AND 3 ORS
    S/O- LATE MRIGEN SARMA
    R/O- BELTOLA TINIALI
    KRISHNA ARJUN PATH
    
    HOUSE NO. 18
    P.S. BELTOLA
    DIST.- KAMRUP (M)
    ASSAM
    
    2: SUNNY MAHANTA BRAHMA
    S/O- HEMA MAHANTA
     R/O- SONAPUR
     JALUKBARI
     P.S. SONAPUR
     DISTRICT- KAMRUP (M)
    
    3: MEENAKSHI BRAHMA
    W/O- DIPANKAR MAHANTA
    R/O- WIRELESS OPP-BSNL
    OFFICE RD
    GUWAHATI
    
    4: HEMA MAHANTA
    W/O- SURENDRA NATH MAHANTA
    P.O./P.S. SONAPUR
    VILL.- PUNIGAON CHARIALI ITACHALI
    DIST.- NAGAON
    VERSUS
    
    THE STATE OF ASSAM
    REPRESENTED BY THE LD. PP ASSAM
    
    
    ------------
    Advocate for : MR. A K BHUYAN
    Advocate for : PP
    ASSAM appearing for THE STATE OF ASSAM
                                            Page No.# 4/13
    
    
    
    
    Linked Case : Crl.Pet./981/2026
    
    SMTI RUPJYOTI SARMA AND 3 ORS
    W/O LATE MRIGEN SARMA
    R/O BELTOLA TINIALI
    KRISHNA ARJUN PATH
    HOUSE NO. 18
    P.S. BELTOLA
    DIST. KAMRUP METRO
    ASSAM
    
    2: SMTI POONAM MAHANTA BRAHMA
    W/O- KALYAN KUMAR SARMA
     R/O- BELTOLA TINIALI
     BHETAPARA ROAD
     BYE LANE NO. 5
     KRISHNA ARJUN PATH
     H/NO. 18
     GUWAHATI
     P.S. BASISTHA
     DIST. KAMRUP METRO
    ASSAM
    
    3: SUNNY MAHANTA BRAHMA
    S/O- HEMA MAHANTA
    R/O- SONAPUR
    JALUKBARI
    P.S. SONAPUR
    DIST. KAMRUP METRO
    ASSAM
    
    4: MEENAKSHI MAHANTA BRAHMA
    W/O- DIPANKAR MAHANTA
    R/O- WIRELESS
    OPP- BSNL OFFICE ROAD
    GUWAHATI.
    VERSUS
    
    THE STATE OF ASSAM
    REPRESENTED BY THE PUBLIC PROSECUTOR
    ASSAM
    
    
    ------------
    Advocate for : MR. A K BHUYAN
                                              Page No.# 5/13
    
    Advocate for : PP
    ASSAM appearing for THE STATE OF ASSAM
    
    
    
    Linked Case : Crl.Pet./986/2026
    
    SMTI RUPJYOTI SARMAH AND 4 ORS
    W/O LATE MRIGEN SARMA
    R/O HOUSE NO 18
    KRISHNA ARJUN PATH
    BELTOLA TINIALI
    BHETAPARA ROAD
    GUWAHATI
    BASISTHA POLICE STATION
    KAMRUP (M)
    P.S. SONAPUR
    DIIST.- KAMRUP (M)
    
    2: SMTI. POONAM MAHANTA BRAHMA
    W/O- KALYAN KUMAR SARMA
     R/O- BELTOLA TINIALI
     BHETAPARA ROAD
     BYELANE NO.5
     KRISHNA ARJUN PATH
     HOUSE NO. 18
     GUWAHATI
     P.S. BASISTHA
     DIST.- KAMRUP (M)
    ASSAM
    
    3: SUNNY MAHANTA BRAHMA
    S/O- HEMA MAHANTA
    R/O- SONAPUR
    JALUKBARI
    P.S. SONAPUR
    
    DIST.- KAMRUP (M)
    
    4: MEENAKSHI BRAHMA
    W/O- DIPANKAR MAHANTA
    R/O- WIRELESS OPP-BSNL
    OFFICE RD
    GUWAHATI
    
    5: HEMA MAHANTA
    W/O- SURENDRA NATH MAHANTA
    P/O/P.S. SONAPUR
                                              Page No.# 6/13
    
    VILL- PUNIGAON CHARIALI ITACHALI
    DIST.- NAGAON
    VERSUS
    
    THE STATE OF ASSAM
    REPRESENTED BY THE LD PP
    ASSAM
    
    
    ------------
    Advocate for : MR. A K BHUYAN
    Advocate for : PP
    ASSAM appearing for THE STATE OF ASSAM
    
    
    
    Linked Case : Crl.Pet./984/2026
    
    SMTI POONAM MAHANTA BRAHMA AND 2 ORS
    W/O KALYAN KUMAR SARMA
    R/O BELTOLA TINIALI
    BHETAPARA ROAD
    BYELANE NO 5
    KRISHNA ARJUN PATH
    HOUSE NO. 18
    GUWAHATI
    P.S. BASISTHA
    DIST. KAMRUP (M)
    ASSAM
    
    2: SUNNY MAHANTA BRAHMA
    S/O- HEMA MAHANTA
     R/O- SONAPUR
    
    JALUKBARI
    P.S. SONAPUR
    DIST.- KAMRUP (M)
    
    3: SMTI. SEWALI BASUMATARY
    D/O- BIJAY BASUMATARY
    RESIDENT OF NABUDOI PATH
    HOUSE NO. 13
    GHURAMARA
    GUWAHATI
    P.S. HATIGAON
    KAMRUP (M)
    VERSUS
                                                                                 Page No.# 7/13
    
                THE STATE OF ASSAM
                REPRESENTED BY THE LD PP
                ASSAM
    
    
                ------------
                Advocate for : MR. A K BHUYAN
                Advocate for : PP
                ASSAM appearing for THE STATE OF ASSAM
    
    
    
                                     BEFORE
                  HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
    
                                           ORDER
    

    13.07.2026

    1. Heard learned Senior Counsel Mr. A. K. Bhuyan assisted by learned counsel
    Mr. N. R. Sharma for the petitioners namely, (i) Smt. Poonam Mahanta Brahma,

    SPONSORED

    (ii) Shri. Sunny Mahanta Brahma, (iii) Smt. Meenakshi Brahma, and (iv) Smt.
    Hema Mahanta and learned counsel Mr. N. K. Das is present for the petitioners
    namely, (i) Shri. Kalyan Kumar Sarma, (ii) Smt. Rupjyoti Sarmah, and (iii) Smt.
    Sewali Basumatary.

    2. The petitioners have jointly filed this applications registered as
    Crl.Pet./979/2026, Crl.Pet./981/2026, Crl.Pet./982/2026, Crl.Pet./984/2026,
    Crl.Pet./985/2026, and Crl.Pet./986/2026.

    3. Heard learned Additional Public Prosecutor Mr. D. P. Goswami for the
    respondent State.

    4. A slew of cases have been filed and there are several litigations pending
    between both the parties registered as PRC Case No. 165/2022 under Sections
    Page No.# 8/13

    498(A)/307/506 of the IPC arising out of FIR registered as All Women P.S. Case
    No. 12/18 lodged by Smt. Poonam Mahanta Brahma.

    5. Another FIR registered as Basistha P.S. Case No. 57/2018 under Sections
    379
    /506 of the IPC was lodged by Smt. Rupjyoti Sarma and this FIR was
    lodged against the petitioners Smt. Poonam Mahanta Brahma, Shri. Sunny
    Mahanta Brahma and Smt. Meenakshi Brahma.

    6. Another FIR registered as Basistha P.S. Case No. 1186/2017 under Sections
    294
    /379/323/506 of the IPC was lodged by Smt. Rupjyoti Sarma against Smt.
    Poonam Mahanta Brahma.

    7. Another FIR registered as Hatigaon P.S. Case no. 159/2018 under Sections
    120(B)
    /354/341/506/34 of the IPC was lodged by Smt. Sewali Basumatary
    against the petitioners Smt. Poonam Mahanta Brahma and Shri. Sunny Mahanta
    Brahma and this FIR was registered as PRC Case No. 1722/2021.

    8. FIR being Basistha P.S. Case No. 33/18 was registered under Sections
    120(B)
    /294/392 of the IPC read with Section 5 of the Assam land Grabbing (P)
    Act, 2010, was lodged by Shri Kalyan Kumar Sarma against the petitioners Shri.
    Sunny Mahanta Brahma, Smt. Meenaskhi Brahma and Smt. Hema Mahanta.

    9. The FIR registered as All Women P.S. Case No. 11/18 under Sections
    448
    /354/352/506/34 of the IPC was lodged by Smt. Rupjyoti Sarma agasint the
    petitioners Smt. Poonam Mahanta Brahma, Shri. Sunny Mahanta Brahma, Smt.
    Meenaskhi Brahma and Smt. Hema Mahanta, and this FIR was registered as
    PRC Case No. 327/2020.

    Page No.# 9/13

    10. As the petitioners are family members and as the petitioners have amicably

    settled their dispute, the petitioners have jointly filed several petitions with
    prayer to quash and set aside the FIR, Charge-sheet and the proceedings
    pending against them.

    11. The petitioner Smt. Poonam Mahanta Brahma is the wife of Shri. Kalyan

    Kumar Sarma and Smt. Hema Mahanta is the mother of petitioner Smt. Poonam
    Mahanta Brahma. Smt. Meenakshi Brahma is the sister of Smt. Poonam
    Mahanta Brahma. Shri. Sunny Mahanta Brahma is the son of Hema Mahanta. In
    this way all the petitioners except Smt. Sewali Basumatary are related.

    12. The criminal petitions are taken up together and decided by this Court by a

    common order as the petitioners are related. The basis of the cases leading to
    the above mentioned criminal cases is on the backdrop of family disputes.

    (i) Criminal petition No. 979/2026 has been
    filed jointly by the above named petitioners with prayer to
    quash the proceedings of PR Case No. 165/2022 arising out
    of All women P.S. Case No. 12/18; and pending in the court
    of the CJM, Kamrup(M).

    (ii) Criminal petition No. 981/2026 has been filed
    jointly by the above named petitioners with prayer to quash
    the FIR registered as Basistha P.S. Case No. 57/2018;

    (iii) Criminal petition No. 982/2026 has been filed
    jointly by the above named petitioners with prayer to quash
    Page No.# 10/13

    the FIR registered as Basistha P.S. Case No. 1186/2017;

    (iv) Criminal petition No. 984/2026 has been filed
    jointly by the above named petitioners with prayer to quash
    the proceedings of PRC Case No. 1722/2021 arising out of
    Hatigaon P.S. Case No. 159/2018 and pending in the court
    of the JMFC, Kamrup(M).

    (v) Criminal petition No. 985/2026 has been filed
    jointly by the above named petitioners with prayer to quash
    the FIR registered as Basistha P.S. Case No. 33/18; and

    (vi) Criminal petition No. 986/2026 has been filed
    jointly by the above named petitioners with prayer to quash
    the proceedings of PRC Case No. 327/20 arising out of All
    Women P.S. Case No. 11/18, and pending in the court of
    the Special JMFC, Kamrup(M).

    13. The parties were already embroiled in a family dispute and several cases

    have been filed against each other. The parties have decided to settle their
    dispute. They are not willing to proceed with the criminal cases brought up
    against each other.

    14. I have heard the submissions made by the learned counsel for the
    petitioners.

    15. Learned counsel for the petitioners have relied on a decision of the Hon’ble
    Page No.# 11/13

    Supreme Court in Naushey Ali & Ors Vs. the State of Uttar Pradesh & Anr.
    reported in (2025) 4 SCC 78, wherein it has been held that:-

    “21. In State of MP. v. Laxmi Naravan after discussing the ratio in Narinder
    Singh v State of Punjab
    and other judgments this Court held (Laxmi Narayan
    case, SCC pp. 704-705, para 15)

    15. Considering the law on the point and the other decisions of this Court on
    the point, referred to hereinabove, it is observed and held as under:

    15.1. That the power conferred under Section 482 of the Code to quash the
    criminal proceedings for the non-compoundable offences under Section 320 of
    the Code can be exercised having overwhelmingly and predominantly the civil
    character particularly those arising out of commercial transactions or arising out
    of matrimonial relationship or family disputes and when the parties have
    resolved the entire dispute amongst themselves;

    15.2. Such power is not to be exercised in those prosecutions which involved
    heinous and serious offences of mental depravity or offences like murder, rape,
    dacoity, etc Such offences are not private in nature and have a serious impact
    on society;

    15.3. Similarly, such power is not to be exercised for the offences under the
    special statutes like the Prevention of Corruption Act or the offences committed
    by public servants while working in that capacity are not to be quashed merely
    on the basis of compromise between the victim and the offender;
    15.4. Offences under Section 307 IPC and the Arms Act, etc would fall in the
    category of heinous and serious offences and therefore are to be treated as
    crime against the society and not against the individual alone and therefore, the
    criminal proceedings for the offence under Section 107 IPC and/or the Arms
    Act
    , etc, which have a serious impact on the society cannot be quashed in
    exercise of powers under Section 482 of the Code on the ground that the
    parties have resolved their entire dispute amongst themselves. However, the
    High Court would not rest its decision merely because there is a mention of
    Section 307 IPC in the FIR or the charge is framed under this provision. It
    would be open to the High Court to examine as to whether incorporation of
    Section 307 IPC is there for the sake of or the prosecution has collected
    sufficient evidence which if proved, would lead to framing the charge under
    Section 307 IPC. For this purpose, it would be open to the High Court to go by
    the nature of injury sustained whether such injury is inflicted on the
    vital/delicate parts of the body, nature of weapons used, etc. However, such an
    exercise by the High Court would be permissible only after the evidence is
    collected after investigation and the charge-sheet is filed/charge is framed
    and/or during the trial. Such exercise is not permissible when the matter is still
    under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7
    Page No.# 12/13

    of the decision of this Court in Narinder Singh should be read harmoniously and
    to be read as a whole and in the circumstances stated hereinabove;
    15.5. While exercising the power under Section 482 of the Code to quash the
    criminal proceedings in respect of non-compoundable offences, which are
    private in nature and do not have a serious impact on society, on the ground
    that there is a settlement/compromise between the victim and the offender the
    High Court is required to consider the antecedents of the accused the conduct
    of the accused namely whether the accused was absconding and why he was
    absconding, how he had managed with the complainant to enter into a
    compromise etc.”

    16. Reverting back to this case, it is held that as all the above criminal cases are

    based on family disputes and as the parties have settled their dispute amicably,
    it appears that this is a fit case to invoke the inherent jurisdiction under Section
    528 of the BNSS, 2023 as the matters have been amicably settled. Possibility of
    conviction appears to be remote and bleak. Further proceedings will indeed be
    an abuse of the process of the Court.

    17. I have also considered the submission made by the learned Additional Public

    Prosecutor.

    18. In the light of the decision of the Hon’ble Supreme Court in Naushey Ali &

    Ors (Supra), the proceedings of:-

    PRC Case No. 165/2022 arising out of All women P.S. Case No. 12/18 in
    Crl.Pet./979/2026;

    FIR registered as Basistha P.S. Case No. 57/2018 in Crl.Pet./981/2026;

    FIR registered as Basistha P.S. Case No. 1186/2017 in Crl.Pet./982/2026;

    PRC Case No. 1722/2021 arising out of Hatigaon P.S. Case No. 159/2018 in
    Crl.Pet./984/2026;

    FIR registered as Basistha P.S. Case No. 33/18 in Crl.Pet./985/2026; and

    PRC Case No. 327/20 arising out of All Women P.S. Case No. 11/18 in
    Page No.# 13/13

    Crl.Pet./986/2026,

    are thereby set aside and quashed.

    18. In terms of the above observation, all these petitions are disposed of.

    19. No order as to costs.

    JUDGE

    Comparing Assistant



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