Allowed

Bhaskar Jyoti Baishya and Anr. v. the State of Assam and Anr.

Gauhati HC12 Sept 2022Crl.Pet./439/2021

Case brief

AI extract

What is this about?

In this criminal petition, the Gauhati High Court quashed an FIR and charge sheet following a mediated settlement between adjacent residents. The court found expediting discovery of facts via mediation report and deed of agreement.

What did the court decide?

The FIR in connection with Nalbari PS Case No. 585/2020 and Charge sheet No.327/2020 are set aside and quashed.

Bhaskar Jyoti Baishya and Anr. Vs the State of Assam and Anr. — Quashing and FIR | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010064762021

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

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Crl.Pet./439/2021

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BHASKAR JYOTI BAISHYA AND ANR. S/O SRI RANJIT BAISHYA R/O VILL- JANIGOG P.S. NALBARI PIN-781334 DIST. NALBARI ASSAM

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2: SMTI. JONALI BAISHYA W/O SRI RANJIT BAISHYA R/O VILL- JANIGOG P.S. NALBARI PIN-781334 DIST. NALBARI ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE LEARNED PP ASSAM

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2:SMTI. RANU BAISHYA W/O LATE JOGENDRA BAISHYA VILL- JANIGOG P.S. NALBARI PIN-781334

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DIST. NALBARI ASSAM

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-----------Advocate for : MR. J I BORBHUIYA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 12.09.2022

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Heard Mr. JI Barbhuiya, learned counsel for the petitioners and Mr. RJ Baruah, learned Additional Public Prosecutor for the State respondent No.1. Also heard Mr. A Paul, learned counsel for the respondent No.2.

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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. 585/2020 and Charge sheet No.327/2020.

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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. 585/2020 and Charge sheet No.327/2020 may be set aside and quashed.

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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 connection with Nalbari PS Case No. 585/2020 and Charge sheet No.327/2020 to endure the cordial relationship that has been restored thereby between the two adjacent residents.

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Accordingly, as prayed for, the FIR in connection with Nalbari PS Case No. 585/2020 and Charge sheet No.327/2020 is hereby set aside and quashed.

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The criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Bhaskar Jyoti Baishya and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Bhaskar Jyoti Baishya and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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