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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Surajit Kumar Bhagowati, S/o. Late Purna Chandra Bhagawati – Appellant
Versus
State Of Assam, Represented By The PP, Assam – Respondent
| Table of Content |
|---|
| 1. background of allegations and fir registration. (Para 2 , 4 , 5) |
| 2. petitioner challenges charge framing. (Para 6 , 10) |
| 3. parties have settled disputes. (Para 11 , 14 , 24) |
| 4. high court's powers under section 482. (Para 16 , 18 , 19) |
| 5. quashing of proceedings for justice. (Para 25 , 26) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. N. Mahajan, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor, representing the State respondent as well as Mr. S. Nawaz, learned counsel for the respondent no. 2 in Crl. Pet. No. 966/2024.
2. Criminal Petition No. 966/2024 (Surajit Kumar Bhagowati Vs. The State of Assam & Anr.), was filed by the petitioner, under Section 482/397/401 of the Cr.P.C., 1973 for quashing of the entire proceedings arising out of PRC No. 93/2023, under Section 354(A) of the IPC, pending in the Court of learned Chief Judicial Magistrate, Nagaon in connection with Nagaon P.S. Case No. 430/2022.
3. Criminal Petition No. 360/2025 (Dr. Mousmi Saikia Vs. The State of Assam & Anr.) is also taken with the instant case together for disposal by a common order, as, during the pendency of both the criminal pe
The High Court may quash criminal proceedings in cases of mutual settlement even for non-compoundable offences if continuation is deemed futile and justice is served.
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