Sajesh Patwari v. the State of Assam and Anr.

Gauhati HC2 Jun 2025Crl.Pet./1089/2022

Case brief

AI extract

What is this about?

Gauhati High Court, Crl.Pet./1089/2022, decided 03-06-2025 by Susmita Phukan Khaund J. Section 482 CrPC quashing of prosecution; PRC Case No. 611/2018; Latashil Police Station Case No. 106/2018; IPC Sections 354(D), 506, 509; harassment via phone calls and Whatsapp messages; Deed of Settlement dated 04.06.2022 (Annexure-B); amicable settlement between accused and complainant; offence could not be compounded as evidence already recorded; possibility of conviction remote and bleak; further proceeding an abuse of the process of the Court; proceeding quashed; petition disposed of.

What did the court decide?

Quashing of the proceeding in PRC Case No. 611/2018, pending before the Court of Judicial Magistrate 1st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station Case No. 106/2018 under Sections 354(D), 506 and 509 IPC.

Sajesh Patwari Vs the State of Assam and Anr. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceeding in PRC Case No. 611/2018, arising out of Latashil Police Station Case No. 106/2018 under Sections 354(D), 506 and 509 IPC and pending before the Judicial Magistrate 1st Class, Kamrup (M), Guwahati, should be quashed under Section 482 CrPC in view of the amicable settlement between the petitioner and respondent No. 2.

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Court's answer

As the petitioner and respondent No. 2 have amicably settled their dispute under the Deed of Settlement dated 04.06.2022 (Annexure-B) and the possibility of conviction is remote and bleak, further proceeding in PRC Case No. 611/2018 would be an abuse of the process of the Court.

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Ratio / Principle

The proceeding of PRC Case No. 611/2018, pending before the Court of Judicial Magistrate 1st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station Case No. 106/2018, is quashed.

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Detailed headnote1 paragraphs

Criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of PRC Case No. 611/2018, pending before the Court of Judicial Magistrate 1st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station Case No. 106/2018 under Sections 354(D), 506 and 509 of the Indian Penal Code, 1860, wherein the petitioner was alleged to have tried to misbehave with respondent No. 2 by harassing her with relentless phone calls and Whatsapp messages. The petitioner and respondent No. 2 jointly executed a Deed of Settlement dated 04.06.2022 (Annexure-B) and amicably settled their dispute; the Trial Court could not compound the offence as evidence had already been recorded. Holding that the possibility of conviction was remote and bleak and that further proceeding would be an abuse of the process of the Court, Mrs. Justice Susmita Phukan Khaund quashed the said proceeding and disposed of the petition by order dated 03-06-2025.

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GAHC010208622022

2025:GAU-AS:7211

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

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Case No. : Crl.Pet./1089/2022

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SAJESH PATWARI S/O SRI SURESH PATWARI

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R/O ASHADEEP RESIDENCY, ASEB ROAD, BHANGAGARH, P.O. ULUBARI, P.S. KAMRUP (M), ASSAM, PIN-781007

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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:SMTI. NIBEDITA BORDOLOI D/O LATE HEMKANTA BORDOLOI R/O SANTI NAGAR BYE LANE -5 4TH APBN KAHILIPARA P.S. DISPUR DIST. KAMRUP PIN-78101

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Advocate for the Petitioner : MS. M DAS,

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Advocate for the Respondent : PP, ASSAM, MOMI KALITA,MR. M K DAS

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 03-06-2025

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Heard learned counsel Mr. M. Das for the petitioner Sri Sajesh Patwari,

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Page No.# 2/3

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who has filed this application under Section 482 of Code of Criminal Procedure, 1973 with prayer for quashing of the proceeding in PRC Case No. 611/2018, pending before the Court of Judicial Magistrate 1^st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station case No. 106/2018 under Section 354(D), 506, 509 of Indian Penal Code, 1860.

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Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent No. 1 and Mr. M.K. Das, learned counsel for the respondent No. 2 ‘X’.

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It is submitted on behalf of the petitioner and the respondent No. 2 that they have jointly executed a Deed of Settlement dated 04.06.2022, which is marked as Annexure-B of this petition. Both the parties have amicably settled their dispute.

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The Trial Court could not compound the offence as evidence was already recorded during the process of settlement between both parties.

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The allegation against the petitioner is that he tried to misbehave with the respondent No. 2 by harassing her with relentless phone calls and Whatsapp messages.

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I have considered the submissions at the bar. The petitioner and the respondent No. 2 have amicably settled their dispute. It appears that possibility of conviction appears to be remote and bleak. The Deed of Settlement (Annexure-B) clearly reveals that both the parties have amicably settled their dispute. Thus, further proceeding will indeed be an abuse of the process of the Court. Thereby, I deem it appropriate to quash the proceeding of PRC Case No.

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611/2018, pending before the Court of Judicial Magistrate 1^st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station case No. 106/2018 under Section 354(D), 506, 509 of Indian Penal Code, 1860.

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In terms of the above observation, this petition stands disposed of.

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JUDGE

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Comparing Assistant

Sajesh Patwari v. the State of Assam and Anr.

Case brief

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Sajesh Patwari v. the State of Assam and Anr.

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