Petition under Section 482 CrPC sought quashing of an FIR alleging cheating, forgery and caste-atrocity offences. Investigation had concluded with a final report treating the dispute as civil in nature, rendering the petition infructuous; the Court closed the petition.
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GAHC010059742024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./424/2024
M/S GOELS COIR FOAM (INDIA) PVT LTD AND 3 ORS A REGISTERED COMPANY UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT V-6, RAMPUR GARDEN, NEAR AGRASEN PARK, BAREILLY-243001, UTTAR PRADESH AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE MR. PANKAJ GOEL
2: PANKAJ GOEL S/O SH. DEVI PRASAD GOEL R/O A-4/16 CIVIL LINES OPP. FIRE STATION RAMPUR BAGH AKHA ATMALI BAREILY PIN-243001 UTTAR PRADESH
3: PRAVEEN KUMAR SOLANKI S/O GITAM SINGH SOLANKI R/O GMC HOUSE NO-11 2ND FLOOR NATUN PATH HATIGAON GUWAHATI ASSAM-781038
4: RAKESH GARG S/O R.S. GARG R/O H.NO. 497 NEAR DINESH NURSHING HOME SIKLAPUR AKHA ATMALI BAREILY
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PIN-243001 UTTAR PRADES
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:BABU BORO S/O BHABAN BORO R/O VILL- BALALBARI NO. 1 P.O.-GORESWAR PIN-781366 DIST-BAKSA ASSAM AND ALSO PROPRIETOR OF M/S B AND B ASSOCIAT
Advocate for the Petitioner : MR. S HAZARIKA, MR. H BURAGOHAIN
Advocate for the Respondent : PP, ASSAM, MR. H SARMAH (R-2),MR. S DUTTA (R-2)
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 04.02.2025
Heard Mr. S. Hazarika, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public prosecutor for the State respondent and Mr. I. S. Dutta, learned counsel for the respondent No.2.
The learned counsel for the petitioners submits that this petition under Section 482 of the Criminal Procedure Code, 1973, is filed for setting aside and quashing of the F.I.R being Kokrajhar Police Station Case No. 579/2020, under Section 406/420/408/468/471 of the Indian Penal Code read with Section 3 (x) of the Schedule Castes & Schedule Tribes (Prevention of Atrocities) Act, 1989. The learned counsel for the petitioners producing a copy of the final report submitted by Police, submits that after lodging of the F.I.R investigation was carried out and after completion of investigation the I.O. has returned the final
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report on the ground that the dispute of the case is of civil nature.
Perused the petition and the documents placed on record and also perused the certified copy of the final report produced by learned counsel for the petitioners before this Court.
It appears that after completion of investigation the I.O. has returned the case in final report on the ground that the dispute between the parties is of civil in nature.
Since, the I.O. has returned in the case in FR, this present petition become infructuous and accordingly same stands closed.
The copy of the final report submitted by the learned counsel before this Court shall be a part of the record.
JUDGE
Comparing Assistant
1 issue framed by the court
Should the FIR Kokrajhar PS Case No. 579/2020 be quashed via Section 482 CrPC given the investigation ended in a final report deeming the dispute civil in nature?
3 provisions across 3 enactments
M/S GOELS COIR FOAM (INDIA) PVT LTD AND 3 ORS
PANKAJ GOEL
PRAVEEN KUMAR SOLANKI
RAKESH GARG
THE STATE OF ASSAM AND ANR
BABU BORO
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
