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2026 DAILYLAW 17382 (GAU)

DEBA PRASAD DUTTA v. MRS MADHUMITA SHARMA

W.P.(Crl.)/84/2025 · 2026-01-04

Pranjal Das

body2026

Judgment text

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Page No.# 1/2 GAHC010271072025 2026:GAU-AS:52 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/84/2025 DEBA PRASAD DUTTA S/O.- LATE DIGENDRA MOHAN DUTTA, UKILBAZAR, TARAPUR, SILCHAR- 788003, CACHAR, ASSAM VERSUS MRS MADHUMITA SHARMA W/O.- BIJOY SHARMA, UKILBAZAR, TARAPUR, SILCHAR- 788003, CACHAR, ASSAM Advocate for the Petitioner : PETITIONER IN PERSON, MR. D P DUTTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 05.01.2026 Invoking the writ jurisdiction of this Court under Article 226/227 of the Constitution of India read with Section 482 CrPC (now Section 528 of the BNSS), the petitioner has filed the instant petition on the criminal side with a prayer for withdrawing of FIR giving rise to PRC Case No. 687/2021 pending before the Page No.# 2/2 learned CJM, Cachar, Silchar. 2. The said PRC Case No. 687/2021 (GR No.4741/2020) was registered based on FIR dated 01.10.2020 lodged by the petitioner against the respondent Mrs. Madhumita Sharma and others under Sections 341/294/506 /34 of the IPC. The case is stated to be at stage of examination of the witnesses. 3. Mr. Deba Prasad Dutta, the petitioner-in-person submits that all the penal provisions which are subject matter of the PRC case are compundable and that he also does not wish to pursue this matter and that he may be permitted to withdraw the FIR. 4. I have also heard Mr. K.Baishya, learned Addl.Public Prosecutor assisting the court. 5. As the petitioner is appearing in person, in the facts and circumstances, the petitioner is agreeable to dispose of the present writ petition with an observation, in the context of his submission recorded above. 6. Accordingly, this writ petition is disposed of, with an observation that - the petitioner would be at liberty to pray before the court below, orally or through a written petition for compounding of the offences. For this purpose, a copy of this order shall be sent to the learned trial court/learned CJM, Cachar, Silchar. 7. A copy of this order be furnished to the petitioner free of cost. 8. The writ petition stands disposed of. JUDGE Comparing Assistant