Allowed

Jitendra Mandal and Anr. v. the State of Assam and Anr.

Gauhati HC12 Jan 2021Crl.Pet./121/2018

Case brief

AI extract

What is this about?

The Gauhati High Court quashed three criminal proceedings (Hatigaon PS Case No. 83/2018, 67/2018, and 94/2018) registered due to family disputes over ownership of a petrol pump. Finding the dispute civil in nature and parties having amicably settled, the court quashed the FIRs and incidental proceedings to secure the ends of justice.

What did the court decide?

Quashed FIRs dated 13-02-2018 (Case No. 94/2018), 04-02-2018 (Case No. 67/2018), and 09-02-2018 (Case No. 83/2018), along with all incidental proceedings.

Jitendra Mandal and Anr. Vs the State of Assam and Anr. — Quashing and FIR | Gauhati HC (2021)

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GAHC010039692018

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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./150/2018

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SUMIT KUMAR SOGANI

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S/O. SRI LAXMI NARAYAN SOGANI, ADDRESS- BARGOLA BUILDING, FANCY BAZAR, GUWAHATI, KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM

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2:SMT. KIRAN KUTUM

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W/O. LT. GANESH KUTUM ADDRESS- WIRELESS BELTOLA ROAD DISPUR GHY. P.S. HATIGAON KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. S CHAMARIA

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Advocate for the Respondent : PP, ASSAM

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Linked Case : Crl.Pet./126/2018

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SUMIT KUMAR SOGANI S/O. SRI LAXMI NARAYAN SOGANI BARGOLA BUILDING FANCY BAZAR GHY. KAMRUP (M) ASSAM

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VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P. ASSAM 2:SRI SANKAR KUTUM S/O. LT. GANESH KUTUM HOUSE NO. 15 FOREST ROAD HENGRA BARI GHY. ASSAM -----------Advocate for : MR. S CHAMARIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Linked Case : Crl.Pet./121/2018 JITENDRA MANDAL AND ANR. S/O. BAHADUR MANDAL 'KIRAN SERVICE STATION' SITUATED AT WIRELESS BELTOLA ROAD GUWAHATI ASSAM (REP. BY MR. SULTAN MOHAMMAD). 2: RAJ KAPUR MANDAL S/O. SRI DHUKI MANDAL 'KIRAN SERVICE STATION' SITUATED AT WIRELESS BELTOLA ROAD GUWAHATI ASSAM (REP. BY MR. SULTAN MOHAMMAD). VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P. ASSAM GHC GHY. 2:SANKAR JYOTI KUTUM S/O. LT. GANESH KUTUM HOUSE NO. 15

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FOREST ROAD HENGRABARI GHY. ASSAM

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-----------Advocate for : MR. S CHAMARIA Advocate for : PP

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ASSAM appearing for THE STATE OF ASSAM AND ANR.

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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 : 12-01-2021

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Heard Mr. S. Chamaria, learned counsel for the petitioners, Mr. BB Gogoi, learned Addl. P.P. for the respondent No. 1 and Mr. N. Anand, learned counsel for the respondent No.2.

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All these three criminal petitions are taken up together for disposal by this common order, inasmuch as, all the criminal proceedings arose out of the three FIRs lodged by three members of the same family in respect of the occurrence involving the same property being a petrol pump.

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Mrs. Kiraon Kutum lodged an FIR on 09-02-2018 on the basis of which, police registered Hatigaon PS Case No. 83/2018 u/s 420/403/406/468/34 IPC. Sri Sankar Jyoti Kutum, son of Mrs. Kiran Kutum lodged two FIRs with the Hatigaon Police Station, one on 1302-2018 and the other on 04-02-2018. On the basis of the FIR lodged on 04-02-2018, Hatigaon PS Case No. 67/2018 was registered u/s 420/406/465/468/448/506 IPC and on the basis of the FIR lodged on 13-02-2018, Hatigaon PS Case No. 94/2018 was registered u/s 143/448/379/427 IPC.

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The accused persons in Hatigaon PS Case No. 94/2018 have filed the Criminal Petition No. 121/2018, the accused persons in Hatigaon PS Case No. 67/2018 filed the Crl. Pet. No. 126/2018 and accused persons in Hatigaon PS Case No. 83/2018 filed the Crl. Pet. No. 150/2018. All the criminal petitions have been filed for quashing the respective FIR as well as the criminal case registered on the basis of the FIRs as indicated above.

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Learned counsel for the petitioners Mr. Chamaria submits that the crux of the dispute involved in all the criminal proceedings relates to management and ownership of a petrol

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pump under the name and style “M/S Kiran Service Station”. Learned counsel further submits that because of dispute having arisen from time to time, several FIRs have been lodged by different members of the same family. Learned counsel for the petitioners Mr. Chamaria also submits that though several FIRs were lodged leading to registration of criminal cases, the dispute between the parties were basically of civil nature involving a property and therefore, both the parties have amicably settled and compromised the matter amongst themselves out of the court, and as such, sought for quashing of the criminal proceedings, viz., Hatigaon PS Case No. 94/2018, Hatigaon PS Case No. 67/2018 and Hatigaon PS Case No. 83/2018 on the basis of compromise. The compromise agreement has also been filed with the affidavit.

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Learned counsel for the respondents also joins hands with the petitioners to submit that the parties have amicably settled the dispute and differences amongst themselves and therefore, the criminal proceedings are sought to be quashed on the basis of the compromise arrived at between the parties, inasmuch as, as the offences are not compoundable.

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From the allegations made in all the three FIRs, it is evident that the crux of dispute between the parties relates to a property under the name and style “M/S Kiran Service Station.”As the dispute between the parties are basically of civil nature and the parties have amicably settled the dispute amongst themselves and buried the differences between them to live peacefully, no cause of justice would be served by allowing all these criminal proceedings to continue.

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Thus, having regard to the nature of accusation made in all the three criminal proceedings and that the parties have amicably settled the dispute, this Court is of the view that all the criminal proceedings deserves to be quashed to secure the ends of justice.

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Accordingly, the FIR dated 13-02-2018 as well as the criminal proceeding in Hatigaon PS Case No. 94/2018, the FIR dated 04-02-2018 as well as the criminal proceeding in Hatigaon PS Case No. 67/2018 and the FIR dated 09-02-2018 in Hatigaon PS Case No. 83/2018 and all other proceedings incidental thereto are hereby quashed.

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All the petitions are allowed accordingly.

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JUDGE

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Comparing Assistant

Jitendra Mandal and Anr. v. the State of Assam and Anr.

Case brief

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Jitendra Mandal and Anr. v. the State of Assam and Anr.

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