This petition under Cr.P.C. sought quashing of criminal proceedings. The Court, noting an amicable settlement executed via a Deed of Settlement, held the matter settled and quashed the proceedings as infructuous.
Petition for quashing of Misc. Case No. 145/2014 allowed; proceedings set aside and quashed.
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GAHC010123642016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 1000/2016
1:GOLOK PHUKAN and ANR. S/O LT. RUKHESWAR PHUKAN
2: LILY PHUKAN W/O SRI GOLOK PHUKAN BOTH ARE R/O BARUA GOAN P.O. KACHUPATHAR P.S. KAMARGAON DIST- GOLAGHAT ASSAM PIN-78561
VERSUS
1:BARASHA BARUAH PHUKAN and ANR. W/O SRI NILUTPAL PHUKAN, D/O SRI BHUBAN BARUAH, R/O DARRANGICHUK NATUNPARA, P.O., P.S. and DIST- JORHAT, ASSAM, PIN785001
2:THE STATE OF ASSA
Advocate for the Petitioner : MR.M DUTTA
Advocate for the Respondent : MR.B SHARMAR-1
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 03-12-2019
Heard Mr. M. Dutta, learned counsel for the petitioners as well as Ms. A. Bora, learned
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counsel appearing for the respondent No. 1. Also heard Mr. K. Konwar, learned Additional Public Prosecutor, Assam appearing for the State respondent.
This petition is preferred under Section 482/397/401 Cr.P.C., praying for quashing the criminal proceeding being Misc. Case No. 145/2014 pending in the Court of learned Judicial Magistrate, First Class, Jorhat.
Be it mentioned here that by an order, dated 29.12.2014, passed in the aforesaid case, the Court of learned Judicial Magistrate, First Class, Jorhat has issued notice to the petitioners.
Mr. M. Dutta, learned counsel for the petitioners submits that by an affidavit dated 03.09.2019, it is stated that the dispute between the petitioner and the respondent No. 1/aggrieved party has already been amicably settled outside the Court by executing a Deed of Settlement on 06.04.2019 at Jorhat and the respondent No. 1 has decided to withdraw the Misc. Case No. 145/2014 filed by her under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Ms. A. Bora, learned counsel appearing for the respondent No. 1 submits that she has no objection if the instant petition is disposed of on compromise and in terms of agreement referred to above the proceeding is quashed.
Mr. K. Konwar, learned Additional Public Prosecutor submits no objection.
In view of the above submissions made by the learned counsel for both sides and consideration of the averments made in the petition along with the affidavit filed by the petitioners supported by copy of the Deed of Settlement agreement, dated 06.04.2019, this Court is satisfied that the matter in dispute between the parties has been amicably settled by executing the aforesaid settlement agreement and as such, further proceeding with the case, being Misc. Case No. 145/2014, is infructuous, the same is set aside and quashed, as prayed for.
The Deed of Settlement along with the affidavit filed by both sides in the instant petition are taken on record for future reference, whenever required.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether criminal proceedings under Protection of Women from Domestic Violence Act be quashed upon settlement.
Whether settlement deed executed between parties warrants quashing of pending criminal petition.
1 provisions across 1 enactments
Gulok Phukan
Lily Phukan
Barasha Baruah Phukan
State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
