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2025 DAILYLAW 19369 (GAU)

SAJESH PATWARI v. THE STATE OF ASSAM AND ANR

Crl.Pet./1089/2022 · 2025-06-02

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010208622022 2025:GAU-AS:7211 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1089/2022 SAJESH PATWARI S/O SRI SURESH PATWARI R/O ASHADEEP RESIDENCY, ASEB ROAD, BHANGAGARH, P.O. ULUBARI, P.S. KAMRUP (M), ASSAM, PIN-781007 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMTI. NIBEDITA BORDOLOI D/O LATE HEMKANTA BORDOLOI R/O SANTI NAGAR BYE LANE -5 4TH APBN KAHILIPARA P.S. DISPUR DIST. KAMRUP PIN-78101 Advocate for the Petitioner : MS. M DAS, Advocate for the Respondent : PP, ASSAM, MOMI KALITA,MR. M K DAS BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03-06-2025 Heard learned counsel Mr. M. Das for the petitioner Sri Sajesh Patwari, Page No.# 2/3 who has filed this application under Section 482 of Code of Criminal Procedure, 1973 with prayer for quashing of the proceeding in PRC Case No. 611/2018, pending before the Court of Judicial Magistrate 1st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station case No. 106/2018 under Section 354(D), 506, 509 of Indian Penal Code, 1860. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent No. 1 and Mr. M.K. Das, learned counsel for the respondent No. 2 ‘X’. 3. It is submitted on behalf of the petitioner and the respondent No. 2 that they have jointly executed a Deed of Settlement dated 04.06.2022, which is marked as Annexure-B of this petition. Both the parties have amicably settled their dispute. 4. The Trial Court could not compound the offence as evidence was already recorded during the process of settlement between both parties. 5. The allegation against the petitioner is that he tried to misbehave with the respondent No. 2 by harassing her with relentless phone calls and Whatsapp messages. 6. I have considered the submissions at the bar. The petitioner and the respondent No. 2 have amicably settled their dispute. It appears that possibility of conviction appears to be remote and bleak. The Deed of Settlement (Annexure-B) clearly reveals that both the parties have amicably settled their dispute. Thus, further proceeding will indeed be an abuse of the process of the Court. Thereby, I deem it appropriate to quash the proceeding of PRC Case No. Page No.# 3/3 611/2018, pending before the Court of Judicial Magistrate 1st Class, Kamrup (M), Guwahati, arising out of Latashil Police Station case No. 106/2018 under Section 354(D), 506, 509 of Indian Penal Code, 1860. 7. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant