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2026 DAILYLAW 1618 (GAU)

MD ABDUL HANNAN v. THE STATE OF ASSAM AND ANR

Crl.Pet./1432/2025 · 2026-02-24

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/2 GAHC010250222025 2026:GAU-AS:2946 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1432/2025 MD ABDUL HANNAN S/O- AYNAL HOQUE, VILL.-NICHANAR CHAR, P.O.- KALAIRDIA, P.S.- ALOPATI CHAR, DIST.-BARPETA, ASSAM, PIN-781127 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED P.P., ASSAM 2:BUDDHESWARI KARMKAR W/O- LT. RANJIT KARMAKAR VILLAGE-NO.3 MADHAKALI GAON P.O.-KHOWANG P.S.-KHOWANG DIST.-DIBRUGARH ASSAM PIN- 78567 Advocate for the Petitioner : MR. S AHMED, Advocate for the Respondent : PP, ASSAM, MS. M. KHATUN(R2),MR M RAHMAN(R2) BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 25-02-2026 Heard Mr. S. Ahmed, learned counsel for the petitioner and also heard Mr. M. Rahman, learned counsel appearing for the respondent No.2. Page No.# 2/2 It has been submitted in tandem before this Court that the parties had mutually agreed that the husband of the respondent No.2 had been fatally injured in a road traffic accident and no culpability of rash and negligent driving is being attributed by the respondent No. 2 on the petitioner. In such circumstances, this Court is of the opinion that the chances of conviction of the petitioner, in the proceeding in PRC Case No. 1031/2022 u/s 279/304(A) IPC pending before the learned CJM, Dibrugarh is very rare and since the wife of the deceased has filed affidavit to the effect that she has compromised the matter with the petitioner, no purpose in law would be served, if the said proceeding, in PRC Case No. 1031/2022 is allowed to continue. In such view of the matter, at the consent of the alleged accused and also the wife of the deceased person, who expired in a road traffic accident, this criminal proceeding in PRC Case No. 1031/2022 stands quashed. Accordingly, this criminal petition stands disposed. JUDGE Comparing Assistant