Allowed

Surendra Bey v. the State of Assam and Anr.

Gauhati HC13 Sept 2022Crl.Pet./519/2022

Case brief

AI extract

What is this about?

The Gauhati High Court quashed criminal proceedings under Section 498A IPC filed against the petitioner following a misunderstanding that led to an FIR. Upon hearing counsel, the court noted the parties had resolved disputes, resumed a healthy conjugal life, and agreed to settle on compromise.

What did the court decide?

Quashing of proceedings in PRC Case No. 503/2020 and corresponding P.S. Case No. 959/2019 pending before SDJM No. 1.

Surendra Bey Vs the State of Assam and Anr. — Domestic Violence | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010110652022

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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./519/2022

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SURENDRA BEY S/O SRI DOCTOR BEY VILL- GAROGHULI P.S. GARCHUK, GUWAHATI-35, DIST. KAMRUP (M), ASSAM

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VERSUS

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

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2:SMT. SUKANYA BEY W/O SRI SURENDRA BEY VILL- GAROGHULI P.S. GARCHUK GUWAHATI-35 DIST. KAMRUP (M) ASSAM

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Advocate for the Petitioner : MR M CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 13.09.2022

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Heard Mr. M. Choudhury, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor, appearing for the State respondent No.1 and Mr. N. Rai, learned counsel for the respondent No. 2.

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By this application under Section 482 Cr.P.C., the petitioner has prayed for quashing the proceeding of PRC Case No. 503/2020, corresponding to Garchuk P.S. Case No. 959/2019, pending before the Court of learned SDJM No. 1, Kamrup (M), Guwahati.

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Mr. M. Choudhury, learned counsel appearing for the petitioner, submits that due to some misunderstanding, the informant filed the F.I.R. against the petitioner and now both of them resolved their disputes and started a healthy conjugal life with their two daughters. Mr. Choudhury further submits that to secure the ends of justice and to endure the cordial relationship between both the parties, it is desirable that the proceeding may be quashed.

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Ms. S. H. Borah, learned Additional Public Prosecutor, appearing for the State respondent, submits that after completion of investigation, police laid a charge-sheet under Section 498A of the IPC against the petitioner. However, in view of the fact that the petitioner and the informant agreed to settle the dispute on compromise, the prayer for quashing of the proceeding may be granted.

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Mr. N. Rai, learned counsel for the respondent No. 2, submits no objection to the prayer of the petitioner.

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The brief fact of the case, inter-alia, is that the informant got married to the petitioner about 10 years back and since their marriage, her husband used to torture her physically and mentally. Thereafter, on 25.12.2019, her husband assaulted her, causing injuries.

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Having considered the above submissions made by the learned counsel of both sides and to maintain the cordial relationship that has been restored between the parties, i.e., husband and wife, the aforesaid criminal proceeding may be quashed, as prayed for.

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Accordingly, the petition stands allowed, quashing the proceeding in PRC Case No. 503/2020, corresponding to Garchuk P.S. Case No. 959/2019, pending before the

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Court of learned SDJM No. 1, Kamrup (M), Guwahati, as prayed for.

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The criminal petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Surendra Bey v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Surendra Bey 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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