Nurul Amin v. The State of Assam and 2 Ors

ORDER

01.12.2023 Heard Mr. S. Ahmed, learned counsel for the petitioner, Ms. A. Begum, learned Additional Public Prosecutor, Assam, for the State respondent No.1 and Ms. M. Khatun, learned counsel appearing on behalf of Mr. M. Rahman, learned counsel for the respondent Nos.2 and 3.

¶2The petitioner, namely, Nurul Amin, has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. in short) seeking quashing of the impugned FIR being Barpeta P.S. Case No.1592/2020 and proceeding of PRC Case No.436/2022 registered under Section 279/338/427 IPC.

¶3The FIR unfolds that on 02.08.2020 at about 5:00 p.m., the respondent No.2, Dhani Ram Medhi was proceeding from Kalbari towards Sarupeta Bazar on his bicycle. At that time the present petitioner who was driving the scooty bearing Registration No.AS-15K-9681 was also proceeding in the same direction and he rammed against respondent No.2 from backside causing grievous injuries on his person. Immediately thereafter the respondent No.2 was shifted to FAAMCH, Barpeta, but as he sustained grievous injuries he was admitted at Narayana Superspeciality Hospital, Guwahati and underwent treatment in the said hospital. The respondent No.3 lodged the FIR against the petitioner.

¶4It is submitted that the respondent No.2 sustained grievous injuries as a result of the accident. At present he is suffering from financial hardship. The petitioner is not liable for the incident as he did not act in a rash and negligent manner.

¶5The learned counsel for the respondent Nos.2 and 3 submits that she has no objection Page No.# 3/3 if the proceeding is quashed against the present petitioner and in that regard an additional affidavit has also been filed by the respondent Nos.2 and 3. Through the said affidavit it has been submitted that the respondent Nos.2 and 3 have no objection if the proceeding is quashed.

¶6The learned counsel for the petitioner has relied on a decision of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Laxmi Narayan & Ors. reported in (2019)5 SCC 688 and also on a decision of this Court in Crl.Pet. No.384/2023 [Eliyas Hussain Vs. State of Assam & Anr., decided on 21.08.2023].

¶7I have considered the submissions at the Bar with circumspection. The parties have settled the dispute amicably. The possibility of conviction appears to be remote and bleak. It appears that further proceeding will indeed be a abuse of the process of the court.

¶8In the light of the decision of Hon'ble Supreme Court in Laxmi Narayan (supra) and the decision of this Court in Eliyas Hussain (supra), further proceeding of PRC Case No.436/2022 registered under Section 279/338/427 IPC and the FIR being Barpeta P.S. Case No.1592/2020 are hereby set aside and quashed. Accordingly, the criminal petition stands disposed of. Comparing Assistant Sd/- Susmita Phukan Khaund JUDGE

PageoNo.#o1/3 GAHC010227722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1099/2023o NURULoAMINo S/OoA.oRAZZAKoAHMEDo VILL-oKHUDRAKUCHI,oP.O.oBALAGAONo P.S.oKALGACHIAo DIST.oBARPETA,oASSAMo PIN-781319 VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoLEARNEDoPP,oASSAM 2:DHANIoRAMoMEDHI oS/OoLATEoUPENDRAoNATHoMEDHIo R/OoVILL-oKALBARI oP.O.oBHAWNAIPUR oP.S.oBARPETA oDIST.oBARPETA oASSAM oPIN-78152 3:MANTUoDAS oS/OoDHANIoRAMoMEDHIo R/OoVIL-oKALBARI oP.O.oBHAWANIPURo P.S.oBARPETA o DIST.oBARPETA oASSAM o PIN-78135o Page No.# 2/3 Advocate for the Petitioner : MS J HAZARIKA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND