Page No.# 1/2 GAHC010019012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./87/2025 SIDDHARTHA BORTHAKUR S/O LATE BIPUL BORTHAKUR R/O 103, AKK APARTMENT, 1ST FLOOR TARAJAN,A.T. ROAD,JORHAT, P.O. AND P.S. JORHAT, PIN-785001. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MONMI SIKHA PUZARI W/O TRIDIP PUZARI R/O RB PATH TARAZAN P.O. AND P.S. JORHAT DIST. JORHAT ASSA Advocate for the Petitioner : MR A TEWARI, MS. P HANDIQUE,MR. P K BORDOLOI Advocate for the Respondent : PP, ASSAM, MR A K AZAD (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 12.02.2025 Heard Mr. A. Tewari, learned counsel for the petitioner and Mr. R R Kaushik, learned Additional Public Prosecutor, Assam and Mr. A K Azad, learned counsel for the respondent no. 2. This application has been filed under Sections 528/442 read with Section 438 of the BNSS, Page No.# 2/2 2023 praying for quashing the Judgment and Order dated 15.11.2016 and order dated 15.11.2016 and the order dated 26.12.2024 passed in CR Case No. 112/2007 by the learned Additional Chief Judicial Magistrate, Jorhat and for releasing the petitioner Sri Siddhartha Borthakur on bail. The present petitioner was convicted under Section 138 of the NI Act and he was sentenced to undergo Simple Imprisonment for 6 (six) months and to pay Rs.11,80,000/- with default stipulations. Thereafter, both the parties compromised the matter. The complainant had received Rs.7,00,000/- as full and final payment. Now, the respondent no. 2 submits that she has no objection if the entire matter is disposed of on compromise. The respondent no. 2 also submits that she has no objection if the present petitioner is released from jail. Having heard the learned counsel for both the parties, this court is of the opinion that as the compromise has already been taken place between the parties and the entire case has also been compromised by both sides, the prayer of the petitioner is allowed. In view of the above, the Judgment and Order dated 15.11.2016 and order dated 15.11.2016 and the order dated 26.12.2024 passed in CR Case No. 112/2007 by the learned Additional Chief Judicial Magistrate, Jorhat are set aside and quashed. The petitioner Sri Siddhartha Borthakur shall be released from jail if not required in any other cases. The criminal petition is disposed of. JUDGE Comparing Assistant