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MALASRI NANDI
Prof. Diganta Kumar Das S/o Late Ajit Kumar Das – Appellant
Versus
State Of Assam – Respondent
ORDER :
Heard Mr P D Nair, learned counsel for the petitioner and Mr D Das, learned Additional Public Prosecutor for the State of Assam. Also heard Mr R Baishya, learned counsel for the respondent No. 2.
Although the matter was fixed for admission hearing today, as agreed to by the learned counsel for the parties, the matter is taken up for final disposal.
2. The petitioner has filed an application under Section 482 CrPC, for quashing of the proceeding in connection with PRC Case No. 2175 of 2021 (arising out of All Women PS Case No. 50/2021), pending in the Court of learned JMFC, Kamrup (Metro) at Guwhaati.
3. The case of the petitioner is that the petitioner is an academician, presently serving as the Registrar of Cotton University. The opposite party No. 2 was an aspirant for promotion to the post of Professor in Anthropology in Cotton University under the Career Advancement Scheme (hereinafter, referred to as ‘CAS’, in short). However, she was not found eligible for the said promotion. Accordingly, she was not selected for the said promotion by the Executive Council of Cotton University.
4. On 24.02.2021, the opposite party No. 2 had met the petitioner in his office in the capacity
Quashing of offence or criminal proceedings on ground of settlement between an offender and victim is not same thing as compounding of offence.
The High Court has the inherent power to quash criminal proceedings under Section 482 of the Cr.P.C. even for non-compoundable offences if the parties have amicably settled their disputes and continu....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The High Court can quash non-compoundable charges if the parties amicably resolve their dispute, as the likelihood of conviction is low and the proceeding would be futile.
The central legal point established in the judgment is that the court has the power to quash criminal proceedings involving non-compoundable offences in view of the compromise between parties, provid....
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