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MALASRI NANDI
Nur Nashib Ahmed S/o Lt. Abdul Hamid – Appellant
Versus
State Of Assam And Anr Rep. By The Learned PP, Assam – Respondent
JUDGMENT :
Heard Mr. S. Ahmed, learned Counsel for the petitioner and Mr. P.S. Lahkar, learned Addl.Public prosecutor for the State respondent No.1. Also heard Ms. M. Khatun, learned counsel for the respondent No.2.
2. The present petition under Section 482 CrPC is filed for quashing of impugned FIR as well as charge sheet under Section 279 /304-A of the IPC pending in the Court of learned Judicial Magistrate First Class, Kamrup at Boko.
3. The allegation in the instant case is that the informant/respondent No. 2 had lodged an FIR at Boko Police Station alleging inter-alia that on 26.03.2022 at about 2.30 pm, while the husband of the informant/respondent No.2 was proceeding towards Pub- Turukpara on foot, at that time, the vehicle bearing Registration No. AS-15-A-7281 coming in a rash and negligent manner, knocked down the husband of the informant/respondent No.2 and as a result of which, the husband of the informant/respondent No.2 died on the same day. Accordingly, a case was registered vide Boko PS Case No. 148/2022 under section 279/304 A IPC.
4. Learned counsel for the petitioner has submitted that the petitioner had also sustained grievous injuries due to the alleged accident. Th
The court emphasized the need to secure the ends of justice and prevent abuse of the court's process while exercising the power under Section 482 CrPC.
The main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC
The main legal point established is that the inherent powers of the High Court under S. 482 CrPC can be invoked to quash proceedings based on a voluntary compromise, considering the reformatory natur....
The power of the High Court to quash criminal proceedings under Section 482 of Cr.P.C. should be exercised to secure the ends of justice and prevent the abuse of the process of any Court. Serious and....
The main legal point established in the judgment is that the exercise of inherent power under Section 482 CrPC can be justified to prevent abuse of the process of law and secure the ends of justice, ....
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