Dr. Shaheen Rahman and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010047142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./225/2023o DR.oSHAHEENoRAHMANoANDoANRo S/OoLT.oMUKIBARoRAHMANo R/OoTOKOBARI,oHOUSEoNO.o57o S.J.oROAD,oNEARoRAILWAYoGATEoNO.o4,oGUWAHATI,oP.S.oBHARALUMUKHo DIST.oKAMRUPo(M),oASSAMo PIN-781001 2:oDRoFARIDAoBEGUM oW/OoLATEoMUKIBARoRAHMANo R/OoTOKOBARI oHOUSEoNO.o57o S.J.oROAD oNEARoRAILWAYoGATEoNO.o4 oGUWAHATI P.S.oBHARALUMUKHo DIST.oKAMRUPo(M) oPIN-78100o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oIoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI O R D E R

28.03.2024 Heard Mr. I. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Sharma, learned Additional Public Prosecutor, for the State respondents.

¶2This is an application under Section 482 of Code of Criminal Procedure, 1973 for quashing of F.I.R i.e. Bharalumukh Police Station Case No.757/2020 registered under Sections 448/294/427/323/506 of IPC. The F.I.R is dated

11.12.2020.

¶3The case of the prosecution is that the petitioner Nos.1 and 2 are son and mother, respectively and due to some misunderstanding between them, the petitioner No.2 i.e. the mother lodged an F.I.R against the petitioner No. 1 and now they have amicably settled their differences and have approached this Court for quashing the said F.I.R by the present petition.

¶4I have heard the submissions made at the bar and have perused the materials available on record.

¶5It appears that the informant/mother along with her son has jointly filed the instant petition for quashing the F.I.R on the ground that the matter has been amicably settled between them. It further appears that the accompanying affidavit has been sworn in by the informant/mother herself.

¶6Considering the averments made in paragraph-7 of the petition that the matter has been amicably settled between the petitioner Nos. 1 and 2 and they are living happily, this Court is of the considered view that for the ends of justice, the further proceeding in connection with the said F.I.R dated Page No.# 3/3

11.12.2020 and the proceeding of PRC Case No.2549/2021 pending in the Court of learned Judicial Magistrate 1st Class, Kamrup(M) be quashed and set aside.

¶7Ordered accordingly.

¶8The criminal petition stands disposed of. JUDGE Comparing Assistant