Quashed

Miss Indra Mohini Patar and Anr. v. the State of Assam and Anr.

Gauhati HC8 Nov 2021Crl.Pet./523/2019

Case brief

AI extract

What is this about?

This criminal petition sought to quash criminal proceedings arising from a domestic dispute involving physical altercation. The court, noting an amicable settlement and citing Supreme Court precedent, held that continuing the case would be an abuse of process and quashed the GR case.

What did the court decide?

CR Case No. 693 of 2017, arising out of Chandmari Police Station Case No. 37 of 2017, under Sections 341/294/325/500/506/34 IPC is quashed.

Miss Indra Mohini Patar and Anr. Vs the State of Assam… — Cheating and Forgery | Gauhati HC (2021)

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GAHC010198442019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Crl.Pet./523/2019

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MISS INDRA MOHINI PATAR AND ANR. D/O MR. HARESHWAR PATAR PRESENT ADD-HOUSE NO. 18(A) S.K. GIRLS HOSTEL CHENIKUTHI P.O.-SILPUKHURI P.S.-LATASIL GUWAHATI-781003 DIST-KAMRUP (M) PERMANENT ADD-HOUSE NO 9 TULSI COTTAGE VILL-BHALUKAGIRIR DIST-MORIGAON ASSAM 2: MISS SWARNA BURAGOHAIN D/O BUDHIN BURAGOHAIN PRESENT ADD- AE 206 3RD FLOOR RABINDRAPALLY KESTOPUR KOLKATA-700102 WEST BENGAL PERMANENT ADD- 15 KM UMRANGSO DIST-DIMA HASAO ASSAM PIN-788931 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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2:SMT. MINATI HAZARIKA W/O SRI SWAPNANIL HAZARIKA R/O SURYA ANAND APARTMENT MILANPUR P.S.-CHANDMARI DIST-KAMRUP(M) ASSAM

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-----------Advocate for : MR. B D KONWAR SR. ADV. Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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08-11-2021

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Mr. B.D. Konwar, learned senior counsel, represents the petitioners.

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Ms. S.H. Bora, learned Additional Public Prosecutor represents the State respondent No. 1.

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Mr. P. Kataki, learned counsel represents the respondent No. 2.

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The fact of the case, as appears from the materials placed before this Court, is that the respondent No. 1 and another lady, namely, Ms. Swarna Buragohain were residing together in a rented house in a building occupied by the petitioners at Milanpur Club Tiniali under Chandmari Police Station, Guwahati. On 18-01-2017, the respondent No. 1 and aforesaid Ms. Swarna Buragohain returned together to the rented house at about 10.30 p.m. after shopping and found that the gate was closed. The petitioner had opened the gate. On entering, the respondent No. 1 enquired from the son of the petitioner No. 2 as to what for the gate was not opened, to which he replied that he was not the petitioners’ Chowkidar. Thereafter, there had taken place heated exchanges of

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words and blows between the parties resulting, ultimately, in sustaining simple injuries by both the parties.

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The learned counsel for the petitioners has submitted that the matters have been settled amicably between the parties and petitioners do not want to pursue the case anymore.

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The learned counsel for the private respondent has subscribed to the submission made by the learned counsel for the petitioners and submitted that the matter has been amicably settled between the parties.

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The learned counsel for the petitioners has referred to the judgment of the Hon’ble Supreme Court in Gian Singh Vs. State of Punjab , reported in (2012) 10 SCC 303 , wherein in paragraph-61, it has been held by the Hon’ble Supreme Court that- “the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair and contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”.

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Taking into account the ratio in the decision of the Hon’ble Supreme Court, referred to above, this Court is of the view that continuance of the proceedings

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in the aforesaid GR Case No. 693 of 2017, arising out of Chandmari Police Station Case No. 37 of 2017, under Sections 341/294/325/500/506/34 of the IPC will be an abuse of the process of law and, therefore, is quashed . Accordingly this petition stands disposed of.

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JUDGE

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Comparing Assistant

Miss Indra Mohini Patar and Anr. v. the State of Assam and Anr.

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Miss Indra Mohini Patar and Anr. v. the State of Assam and Anr.

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