In quashing proceedings under Section 482 CrPC filed against criminal case CR No. 1509 C /2012, the Gauhati High Court quashed the proceedings after hearing counsel for both sides, noting the respondent's affidavit stating no objection to quashing.
CR Case No. 1509 C /2012 pending before the C.J.M., Kamrup (M), Guwahati is quashed and set aside.
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GAHC010004892014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./38/2014
MALLIKA DEKA
D/O SRI UTTAM DEKA VILL and P.O. BARNARDI P.S. BELSOR, DIST. NALBARI, ASSAM.
VERSUS
HEMEN BARMAN
S/O SRI SARAT BARMAN R/O RAJGARH, BYE LANE NO. 5, HOUSE NO. 14, P.S. CHANDMARI, GUWAHATI- 781003, DIST. KAMRUP M, ASSAM.
Advocate for the Petitioner : MS.K SAIKIA, MS.A GOGOI,MR.R C SAIKIA
Advocate for the Respondent : MR.D K KOTHARI, MR.P K DAS,MR.K K BHUYAN,MR.B DEKA
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
10.06.2025
Heard Mr. R. C. Saikia, learned senior counsel appearing for the petitioner, assisted by Ms. R. Bharali, Advocate. Also heard Ms. P. Baruah, learned counsel appearing on behalf of Mr. B. Deka, learned counsel for the respondent.
This application has been filed under Section 482 of the CrPC praying for quashing the proceeding of CR Case No. 1509C /2012 filed by the respondent Sri Hemen Barman.
The respondent Sri Hemen Barman has filed an additional affidavit stating that he has no objection if the aforesaid CR case is quashed.
Ms. P. Baruah, learned counsel for the respondent has submitted that Sri Hemen Nath has no objection if the proceeding of CR Case No. 1509C /2012 pending in the court of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati is quashed.
Accordingly, after hearing the learned counsel for both the sides, the CR Case No.
1509C /2012 pending in the court of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati is quashed and set aside.
With the above, the present criminal petition is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the criminal proceedings under CR Case No. 1509 C /2012 should be quashed upon the respondent's objection withdrawal.
Whether Section 482 CrPC mandates quashing of criminal proceedings when the complainant has no objection.
1 provisions across 1 enactments
Mallika Deka
Hemen Barman
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
