The Gauhati High Court quashed an FIR and charge sheet in an assault case where the parties had amicably settled differences through mediation restoring their relationship.
FIR in connection with Nalbari PS Case No. 586/2020 and Charge sheet No.335/2020 set aside and quashed.
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GAHC010064762021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./247/2021
SMT. RANU BAISHYA AND ANR
W/O LATE JOGENDRA BAISHYA, R/O VILL- JANIGOG, P.O.-JANIGOG, P.S.NALBARI, DIST- NALBARI, ASSAM, PIN-781334
2: NABAJYOTI BAISHYA S/O LATE JOGENDRA BAISHYA R/O VILL- JANIGOG P.O.-JANIGOG P.S.-NALBARI DIST- NALBARI ASSAM PIN-78133
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SMT. JONALI BAISHYA W/O RANJIT BAISHYA R/O VILL- JANIGOG P.O.-JANIGOG P.S.-NALBARI DIST- NALBARI ASSAM PIN-78133
Advocate for the Petitioner : MR. A PAUL
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 12.09.2022
Heard Mr. A Paul, learned counsel for the petitioners and Mr. RJ Baruah, learned Additional Public Prosecutor for the State respondent No.1. Also heard Mr. JI Barbhuiya, learned counsel for the respondent No.2.
By this criminal petition under Section 482 of the CrPC, the petitioners have prayed for setting aside and quashing of the FIR in connection with Nalbari PS Case No. 586/2020 and Charge sheet No.335/2020.
The petitioners’ case precisely is that on 30.10.2020, at about 2 pm, while two coconut trees were lifted from the premises of the present petitioners by using a JCB, suddenly a tree fell in the boundary wall of the accused Bhaskar Baishya. Thereafter, said Bhaskar Baishya along with his mother came to their premises and started abusing in slang language and threw one coconut towards the face of the petitioner No.1 and wounded the petitioner No. 2.
It has been submitted by the learned counsel of both sides that the parties have amicably settled their differences on intervention of the Mediator of the Gauhati High Court Mediation Centre and accordingly, an agreement has been executed between the parties. As such, it is submitted that FIR in connection with Nalbari PS Case No. 586/2020 ( PRC No.930/2021) and Charge sheet No.335/2020 may be set aside and quashed.
Having considered the submissions made by the learned counsel of both sides and perusal of the Mediation Report, dated 03.08.2022, passed by the learned Secretary, Gauhati High Court Mediation Centre and the Deed of Agreement, dated 21.10.2020, between the parties, this Court finds it expedient to set aside and quash the FIR in
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connection with Nalbari PS Case No. 586/2020 (PRC No.930/2021) and Charge sheet No.335/2020 to endure the cordial relationship that has been restored thereby between the two adjacent residents.
Accordingly, as prayed for, the FIR in connection with Nalbari PS Case No. 586/2020 (PRC No.930/2021) and Charge sheet No.335/2020 is hereby set aside and quashed.
The criminal petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the FIR and charge sheet in a minor assault case should be quashed upon amicable settlement and mediation agreement.
1 provisions across 1 enactments
SMT. RANU BAISHYA AND ANR
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
