Quashed

Runumi Kalita v. the State of Assam and Anr.

Gauhati HC1 Mar 2019Crl.Pet./669/2018

Case brief

AI extract

What is this about?

The Gauhati High Court quashed criminal proceedings pending against the petitioner in a forgery of record case. The court found that the underlying dispute between parties was amicably settled and the alleged offences were not serious, thus deserving to be quashed to encourage amicable settlements.

What did the court decide?

The proceeding in GR Case No. 1266/2011 pending in the Court of the learned Judicial Magistrate, First Class, Kamrup (M) and any other proceeding incidental thereto is hereby quashed.

Runumi Kalita Vs the State of Assam and Anr. — Quashing and FIR | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010152732018

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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. 669/2018

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1:RUNUMI KALITA

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D/O SRI PRADIP KALITA, R/O HENGERABARI, NEAR L.P. SCHOOL, PSDISPUR, DIST. KAMRUP (M), ASSAM, PIN-78136

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VERSUS

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1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR

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2:PRONITA SUTRADHAR W/O SRI ROMONI MOHAN SUTRADHAR R/O HOUSE NO.2 HENGERABARI NOBODOI PATH KALIMANDIR BAZAR PS DISPUR DIST. KAMRUP (M) ASSAM PIN-78103

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Advocate for the Petitioner : MR. U K BARMAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 01-03-2019

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Page No.# 2/2

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Heard Mr. R. Konwar, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. P.P., Assam as well as Ms. A. Kalita, learned counsel for the respondent No. 2.

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By this criminal petition under Section 482 CrPC, the petitioner has prayed for quashing the proceeding in GR Case No. 1266/2011 pending in the Court of the learned Judicial Magistrate First Class, Kamrup (M).

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An FIR was lodged by the respondent No. 2 alleging criminal trespass, criminal intimidation and use of criminal force. On the basis of the said FIR, police registered Dispur P.S. Case No. 284/2011 under Section 447/294/352/506 IPC and on completion of investigation, submitted charge sheet. However, in the meantime, the respondent No. 2 and the petitioner have amicably settled their disputes and differences and compromised the matter.

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The present petition has been filed for quashing the proceeding on the basis of the compromise arrived at between the parties. Notice was issued to the respondent No. 2, who has also entered appearance through the learned counsel and joined hand with the petitioner for quashing the proceeding as they have compromised the matter.

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Having considered the fact, that the offence alleged is not serious and that both the parties are living peacefully having compromised the matter and also having regard to the principle laid down by the Apex Court for quashing of criminal proceeding on the basis of compromise, I am of the view that this is a fit case where the proceeding deserves to be quashed to encourage the amicable settlement between the parties, because allowing this proceeding to continue shall not serve any cause of justice. Accordingly, the proceeding in GR Case No. 1266/2011 pending in the court of the learned Judicial Magistrate, First Class, Kamrup (M) and any other proceeding incidental thereto is hereby quashed.

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The criminal petition is disposed of.

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JUDGE

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Comparing Assistant

Runumi Kalita v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Runumi Kalita v. the State of Assam and Anr.

Case brief

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