Akhil Gogoi v. The State of Assam and Anr

Page No.# 1/2 GAHC010012012015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./303/2015 AKHIL GOGOI S/O LT. BOLO RAM GOGOI R/O HOUSE NO. 40, NIZARAPAR P.S. CHANDMARI, GUWAHATI-3. DIST. KAMRUP M, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PUBLIC PROSECUTOR, ASSAM. 2:SRI NITUL GOGOI THE SUPERINTENDENT OF POLICE GOALPARA ASSAM P.O. and P.S. GOALPARA DIST. GOALPARA ASSAM Advocate for the Petitioner : MS.P BORAH, MR.S BORTHAKUR,MR.B K MAHAJAN Advocate for the Respondent : MR. J PATOWARI (R-2, MR. P P MEDHI (R-2),MR. K N CHOUDHURY (R-2),PP, ASSAM

BEFORE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

20-12-2024

¶1Heard Mr. S. Borthakur, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the respondent No. 1 and Mr. Page No.# 2/2 K.N.Choudhury, learned Senior counsel for the respondent No. 2.

¶2This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the complaint case being C.R. Case No. 1639/2024 pending before the learned Sub-Divisional Judicial Magistrate (S), Goalpara. The aforesaid C.R. Case No. 1639/2024 was filed by the respondent No.2 herein against the petitioner herein under Section 500 IPC.

¶3Mr. Choudhury, learned Senior counsel for the respondent No. 2 and Mr. Borthakur, learned counsel for the petitioner jointly submit that the dispute has amicably been settled by the parties and therefore, the aforesaid C.R. Case No. 1639/2024 and the present criminal petition may be closed.

¶4The offence is relatable to Section 500 IPC inasmuch as when both the parties stated to have amicably settled their dispute, in the considered opinion of this Court that this is a fit case where the complaint case being C.R. Case No. 1639/2024 can be closed in exercise of inherent power of this Court under Section 482 CrPC.

¶5In view of the aforesaid, the complaint case being C.R. Case No. 1639/2024 as well as the present criminal petition stands closed on being settled by the accused as well as the complainant.

JUDGE Comparing Assistant