Sowmithri S vs State Of Assam & Ors

The Supreme Court allowed the appeal against the Gauhati High Court's order, which had denied the appellant's request to quash the criminal case under Section 302 IPC. The Court held that since the Armed Forces decided to take over the case for a comprehensive inquiry, the prosecution in the civil court was not maintainable. The judgment emphasized that the decision on whether to proceed with a court martial or a criminal court lies with the Armed Forces, as established in General Officer Commanding, Rashtriya Rifles Vs. Central Bureau of Investigation & Anr., (2012) 6 SCC 228.