Quashed

Baharul Alam Mazumder @ Baharul Islam Mazumder and 4 Ors. v. the State of Assam and Anr.

Gauhati HC3 Oct 2018Crl.Pet./355/2018

Case brief

AI extract

What is this about?

The Gauhati High Court quashed criminal proceedings under IPC 366/34 following a settlement. The court found the allegation of kidnapping was based on a misunderstanding since the accused and victims were school friends on an excursion, leading to the withdrawal of the kidnapping claim by the informant.

What did the court decide?

Quashment of Algapur P.S. Case No.35/2018 to prevent abuse of the court's process.

Baharul Alam Mazumder @ Baharul Islam Mazumder and 4 Ors… — Quashing and FIR | Gauhati HC (2018)

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GAHC010078572018

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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. 355/2018

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1:BAHARUL ALAM MAZUMDER @ BAHARUL ISLAM MAZUMDER AND 4 ORS.

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S/O- HARUS ALI, MAZUMDER, VILL AND P.O- BAWARGHAT PART-I, P.S AND DIST- HAILAKANDI, ASSAM

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2: FAKRUL ISLAM LASKAR S/O- ABDUR RAJAK LASKAR VILL AND P.O- BAWARGHAT PART-I P.S AND DIST- HAILAKANDI ASSAM

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3: ABAYDULLA MAZUMDER @ MONJU ABDULLAH MAZUMDER S/O- ABU BAKKAR MAZUMDER VILL- BORBOND PART-II P.O- BALIURA P.S AND DIST- HAILAKANDI ASSSAM

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4: SAHINA BEGOM CHOUDHURY SHAMSUL HAQUE CHOUDHURY VILL- ALGAPUR PART-III P.S- ALGAPUR P.O- KALIBARI BAZAR DIST- HAILAKANDI PIN- 788155

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5: PARBINA BEGOM CHOUDHURY SHAMSUL HAQUE CHOUDHURY VILL- ALGAPUR P.O- KALIBARI BAZAR DIST- HAILAKANDI

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PIN- 78815

VERSUS

1:THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM

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2:SHAMSUL HAQUE CHOUDHURY S/O- LATE SAYAR ALI CHOUDHURY VILL- ALGAPUR PART-III P.S- ALGAPUR P.O- KALIBARI BAZAR DIST- HAILAKANDI PIN- 78815

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 03-10-2018

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Heard Mr. AM Barbhuiya, learned counsel for the petitioners and Mr. AR Bhuyan, learned counsel for the respondent No.2. State/respondent is represented by Mr. BJ Dutta, learned Addl. P.P.

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This application, under Section 482 CrPC, is made seeking quashment of the proceeding of Algapur P.S. Case No.35/2018, registered under Sections 366/34 of IPC.

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I have perused the petition and the annexures furnished therewith.

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On perusal of the petition, it is found that the case aforesaid is the result of misunderstanding between the parties and they have amicably settled the matter, after coming to know about the actual fact that the accused persons were not involved in the offence of kidnapping of the victim girls. The informant /respondent has also filed an affidavit in this regard to the effect that the accused persons and the petitioners Nos. 4 and 5 are friends and they left for Mumbai from their school for an excursion. The allegation of

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kidnapping of the petitioners Nos. 4 & 5 by the accused persons, in fact, was withdrawn by the informant, after coming to know about the real fact of the story, after lodging of the FIR.

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If the alleged victims (petitioners Nos. 4 & 5) are not kidnapped as per the statement made by the informant, as indicated in the affidavit, there is no offence committed by the accused persons, as alleged in the FIR. The case, even if allowed to continue for trial, it is unlikely to result in conviction as the fact of the alleged offence is not supported by the informant as well as by the alleged victims. Accordingly, this Court is of the view that continuance of the proceeding would be an abuse of the process of court, in view of the decision rendered in Narinder singh vs. State of Punjab as supplemented by Parbhatbhai Aahir @ Prabhatbhai Bhimsinbhai Karmur Vs. State of Gujrat and Anr., reported in (2017) 9 SCC 641.

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That being so, in view of above, this appears to be a fit case for quashment. Consequently, the Algapur P.S. Case No.35/2018, registered under Sections 366/34 of IPC, stands quashed, to prevent the abuse of the process of court.

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With the above observation and direction, this criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Baharul Alam Mazumder @ Baharul Islam Mazumder and 4 Ors. v. the State of Assam and Anr.

Case brief

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Baharul Alam Mazumder @ Baharul Islam Mazumder and 4 Ors. v. the State of Assam and Anr.

Case brief

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