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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Aminul Hoque Alias Aminur Mirda, S/o. Mannat Ali Alias Mannat Ali Mirda – Appellant
Versus
State Of Assam, Represented By The Public Prosecutor, Assam – Respondent
| Table of Content |
|---|
| 1. establishment of fir and trial process initiation. (Para 3 , 4 , 5 , 6) |
| 2. claims of false allegations and amicable settlement. (Para 7 , 8 , 9) |
| 3. precedent supporting quashing of proceedings. (Para 10 , 11) |
| 4. support for quash from the respondent counsel. (Para 12 , 13) |
| 5. consideration of submissions and materials. (Para 14 , 15) |
| 6. court's reasoning for quashing based on personal nature of dispute. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 7. court's ruling on ends of justice. (Para 23) |
| 8. final decision to quash proceedings. (Para 24 , 25 , 26) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., representing for the State and Mr. R. A. Ahmed, learned counsel appearing for the respondent no. 2.
2. This is an application filed under Section 528 of the BNSS , 2023, praying for quashing the FIR, Charge-sheet and the entire proceedings of Sessions Case No. 52/2021 (GR Case No. 1207/2018, pending in the Court of learned Additional Sessions Judge, Bilasipara.
3. The respondent no. 2 (informant) had lodged an FIR before the Bilasipara Police Station on 17.07.2018, allegi
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