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2024 Supreme(Gau) 119

KAUSHIK GOSWAMI
Beikrystkypacha Hlychho – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T. Lalnunsiama.

JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. T. Lalnunsiama, learned counsel for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State-respondents.

2. Though as per Court's Order dated 06.11.2023, notice was issued to the respondent No. 6 and A/D card in respect of the respondent No. 6 was received after due service upon respondent No. 6, there is no representative on behalf of the respondent No. 6. Since service of notice was completed in respect of respondent No. 6 and despite receiving the said notice in November, 2023, she has chosen not to appear in the criminal proceedings, the matter is taken up for hearing.

3. This petition is filed under Section 482 of Cr.P.C. 1973 for quashing the FIR, which was registered as Aizawl PS (C) Case No. 472/2022 dated 07.07.2022 under Sections 420/406 IPC against the petitioner.

4. The principle of exercise of power under Section 482 Cr.P.C. to quash the FIR is well settled by number of cases of the Hon'ble Apex Court. These parameters are as hereunder:

    “(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do

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