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2025 DAILYLAW 20886 (GAU)

SANTA GOGOI v. THE STATE OF ASSAM AND 2 ORS

Crl.Pet./1418/2024 · 2025-08-26

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010243892024 2025:GAU-AS:11444 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1418/2024 SANTA GOGOI S/O LATE GIRI DHAR GOGOI R/O VILL- MERBIL, LAKHANABORI P.O. LAKHANABORI,P.S. LALUK DIST. LAKHIMPUR, ASSAM PIN-784160 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE LEARNED PP, ASSAM 2:MRS. YASAB TABA @ TABA YASAB W/O MR. SANJAY RAJ SUBBA R/O DLF NEW TOWN HEIGHT SECTOR-90 FLAT NO. Q 094 WAZIRPUR (115) GURGAON HARYANA-122505 GURGAON HARYANA-122505 INDIA PRESENTLY RESIDING AT KAMALA APARTMENT BLOCK-D 4TH FLOOR BELTOLA GUWAHATI-28 DIST. KAMRUP (M) ASSAM 3:MS. NIRMALI CHUNGKRANG (POWER OF ATTORNEY HOLDER) D/O SRI ALISAN CHUNGKRANG R/O KAMALA APARTMENT Page No.# 2/3 BLOCK- D 4TH FLOOR BELTOLA GUWAHATI-781028 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. D BORAH, MR. R DOWARAH Advocate for the Respondent : PP, ASSAM, MS. J GHOSH(R-2,3),MR. R MAJUMDAR (R-2,3) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-08-2025 Heard Mr. D. Borah, the learned counsel for the petitioner. Also heard Mr. R. Majumdar, the learned counsel appearing on behalf of respondent no. 2 and Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of State respondent no. 1. 2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against the N.I. Case No. 5328/2023 pending before the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati. 3. It is submitted by Mr. Borah, the learned counsel for the petitioner that the matter has already been amicably settled between the parties and in that regard one additional affidavit is also filed which is tagged with the present petition along with the Deed of Compromise which was executed on 22nd of July, 2024 and the respondent no. 3 Ms. Nirmali Chungkrang had put her signature in the Deed of Compromise being the Attorney holder of respondent no. 2. It is submitted by Mr. Borah that the matter has already been amicably settled Page No.# 3/3 between the parties and hence the petitioner is not interested in proceeding the case further and prayed for closure of the same. 4. Mr. Majumdar, the learned counsel appearing for respondent no. 2 submitted in this regard that as the matter has already been settled, the respondent also have no objection if the present petition stands closed. 5. Considering the submissions made by learned counsel for both sides and also considering the compromise between the parties and the Deed of Compromise executed in pursuant to the compromise between the parties, this Court is of the opinion that the present petition may be disposed of and both the parties is hereby directed to appear on or before the next date fixed by the learned Trial Court below for compromise and disposal of the same. 6. In view of this, the criminal petition stands disposed of. JUDGE Comparing Assistant