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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Hasbi Mehazabur Rahman – Appellant
Versus
Mustafa Syed Mahmood Muktadir, Son Of Late Syed Hamidur Rahman – Respondent
| Table of Content |
|---|
| 1. dispute over modification of partnership agreement. (Para 3 , 4 , 5 , 6) |
| 2. counterclaims regarding compensation for project delays. (Para 7 , 8) |
| 3. arguments supporting quashing of criminal complaint. (Para 9 , 10 , 11) |
| 4. civil disputes cannot be turned into criminal cases. (Para 15 , 16 , 17 , 18) |
| 5. criminal proceedings held justified despite civil dispute. (Para 25 , 26 , 27) |
| 6. petition dismissed; no grounds for quashing. (Para 28 , 29) |
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. M.H. Saikia, learned counsel for the petitioners and Mr. G.Z. Ahmed, learned counsel appearing for the respondent/complainant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
2. The instant application has been filed by the petitioners, namely, 1. Hasbi Mehazabur Rahman and 2. Rana Ahmed under Section 528 of BNSS , 2023, seeking quashing of the Complaint Case No. 39/2025, pending before the learned Court of Judicial Magistrate First Class, Kamrup(M).
3. The facts giving rise to the instant proceeding may be narrated in a nutshell: the complainant i.e. Mustafa Syed Mahmood Muktadir. The respondent herein entered into an agreement with the petitioner/accused no.1
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