Allowed

Salim Ahmed v. the State of Assam and Anr.

Gauhati HC11 Dec 2023Crl.Pet./413/2020

Case brief

AI extract

What is this about?

This quashing petition under Section 482 CrPC sought to set aside proceedings for cheating regarding a land sale dispute. The High Court allowed the petition after noting an amicable settlement, observing the case had a predominantly civil character and continued proceedings would be an abuse of process.

What did the court decide?

The entire proceeding of G.R. Case No. 905/2014 is set aside and quashed.

Salim Ahmed Vs the State of Assam and Anr. — Quashing and FIR | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010111512020

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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./413/2020

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SALIM AHMED

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S/O LATE ABDUL HAQUE, R/O HOUSEFED COMPLEX, BLOCK-1, FLAT NO. 103, RUPNAGAR, P.S.-BHANGAGARH, GUWAHATI-32

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:VINOD AGARWAL S/O KISHANLAL AGARWAL R/O 6 NO. SARAT ROAD FLAT NO. 5D LANSDOWN HEIGHT KOLKATA-70002

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Advocate for the Petitioner : MR. T H HAZARIKA

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE

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HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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O R D E R

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11.12.2023

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Heard Mr. T. H. Hazarika, learned counsel for the petitioner as well as Mr. A. Ganguly, learned counsel for the respondent no. 2. Also heard Mr. B. Sarma, learned Addl. P.P. for the respondent no. 1.

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The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973, (Cr.P.C. for short) with prayer for quashing the entire proceeding of G.R. Case No. 905/2014, charge-sheet No. 79/2017 dated

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27.10.2017 arising out of Bhangagarh P.S. No. 11/14, registered under Sections 420/406 IPC.

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A case was initiated by the respondent No. 2 against the petitioner relating to cheating of Rs. 20,50,000/- for sale of plot of land admeasuring 150 bighas situated at Pratapgrah, Paragana, under Sunakhira Mauza of district Karimganj.

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It is submitted that both the parties have settled their dispute amicably and they have also filed their joint affidavit in this case stating that they have amicably settled their dispute.

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Page No.# 3/3

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I have considered the submissions at the Bar with circumspection.

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A case dealing with monetary matter has been amicably settled between

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both the parties. Possibility of conviction appears to be remote and bleak.

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Further proceeding will indeed be an abuse of the process of Court.

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I have also relied on the decision of Hon’ble the Supreme Court in Narinder Singh and Others Vs. State of Punjab and Another reported in

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(2014) 6 SCC 466 , wherein, it has been observed that:-

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29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

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29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

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In the light of the decision of Hon’ble the Supreme Court in Narinder

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Singh and Others case (supra), the present petition is also allowed. The

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entire proceeding of G.R. Case No. 905/2014 is hereby set aside and quashed.

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JUDGE

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Comparing Assistant

Salim Ahmed v. the State of Assam and Anr.

Case brief

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Salim Ahmed v. the State of Assam and Anr.

Case brief

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