Quashed

Max Life Insurance Company Limited v. Dr. Dhritiman Das and Anr.

Gauhati HC6 Jan 2022Crl.Pet./686/2021

Case brief

AI extract

What is this about?

This is a Criminal Petition seeking quashing of an FIR registered against Max Life Insurance Company Limited. The High Court permitted the quashing of the proceedings as the matter was amicably settled between the parties and no objection was raised by the Public Prosecutor, thereby avoiding abuse of process.

What did the court decide?

The proceeding pertaining to Chandmari PS Case No. 509/2021 is hereby quashed and set aside.

Max Life Insurance Company Limited Vs Dr… — Contract and Commercial Disputes | Gauhati HC (2022)

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GAHC010194442021

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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./686/2021

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MAX LIFE INSURANCE COMPANY LIMITED

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A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 12TH FLOOR, DLF SQUARE BUILDING, JACARANDA, MARG, DLF CITY PHASE-II, DISTRICT GURUGRAM, HARYANA, REP. BY THROUGH SHRI ALTAF HAZARIKA, WORKING AS SR. PARTNER AT BRANCH OFFICE AT MAX LIFE INSURANCE CO. LTD. 2ND FLOOR, GANAPATI ENCLAVE, ABOVE DATAMATION, G.S. ROAD, BORA SERVICE GUWAHATI-781007, ASSAM, DIST. KAMRUP (M)

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VERSUS

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DR. DHRITIMAN DAS AND ANR S/O MR PRABIR KUMAR DAS

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HOUSE NO. 38, ML BARUAH ROAD, SILPUKHURI, P.S. CHANDMARI, GUWAHATI, DIST. KAMRUP (M), ASSAM-781003

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2:THE STATE OF ASSAM REP. BY THE PP ASSA

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Advocate for the Petitioner : MR A KAKOTI

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER

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06.01.2022

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Learned counsel for both the parties are present.

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Page No.# 2/3

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I have heard the learned counsel for the petitioner as well as the learned counsel for the respondent, who has entered before this Court, pursuant to service of notice.

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In view of the submission made before this Court regarding the settlement, the matter is taken up for disposal at the admission stage itself, in the presence of the learned counsel for both the parties.

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Respondent No. 1 lodged the FIR against the Max Life Insurance Company Limited, who has tied up with Axis Bank, Silpukhuri Branch, for opening of a Life Insurance Policy in the name of their father, without their consent and for realization of the EMI illegally. It is stated in the FIR that the father is suffering from Parkinsons disease, which impairs his decision making capacity and for opening of LIC in his name is not proper. The aforesaid FIR was registered as Chandmari PS Case No. 509/2021, under Sections 120B/420/406/468 & 471 IPC. At this stage, the petitioner, herein, Max Life Insurance Company Limited has come forward for quashing the aforesaid FIR and entire proceeding as the matter has been amicably settled between the parties and there is no malafide in opening of LIC etc.. The respondent No. 1/informant has also appeared and has admitted about the settlement arrived between the parties that the entire amount entered in the Policy has been paid by the father of the informant and settled amicably.

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Today, the learned counsel for both the parties have stated that as the matter has been amicably settled, further proceeding of the aforesaid case may be quashed and set aside, as it will be nothing but the abuse of the process of law.

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I have considered the submissions made by the learned counsel for both the parties as well as the learned Additional Public Prosecutor. Also perused the documents annexed.

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The settlement deed, vide Annexure- 3, reveals that the parties have reached towards full and final settlement of the matter, wherein, the informant and his father and representative of the Insurance Company, have signed before the Notary and they have

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decided not to proceed with the matter any further.

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The FIR was filed on 29.07.2021. Moreover, such a settlement has been made immediately after filing of the FIR and such a settlement can be accepted.

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The learned Additional Public Prosecutor has also raised no objection against such settlement.

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Having regard to all entirety of the matter and that the parties have already settled the matter voluntarily, without any undue influence, this Court is of the opinion that further proceeding of the case will be nothing but the abuse of the process of law and miscarriage of justice. Accordingly, the proceeding pertaining to Chandmari PS Case No. 509/2021, is hereby quashed and set aside.

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JUDGE

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Comparing Assistant

Max Life Insurance Company Limited v. Dr. Dhritiman Das and Anr.

Case brief

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Max Life Insurance Company Limited v. Dr. Dhritiman Das and Anr.

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