Biswajit Sarma vs The State Of Assam And Anr
2021 Latest Caselaw 1170 Gua

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GAHC010200722019




                                    THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                         Case No. : Crl.Rev.P./82/2020

               BISWAJIT SARMA
               S/O MOHAN SARMA, R/O UZAN BAZAR, JAYA NAGAR, P.S.-LATASIL
               (GUWAHATI), DIST-KAMRUP(M), ASSAM



               VERSUS

               THE STATE OF ASSAM AND ANR.
               Represented By PP, Assam

               2:SMTI TULIKA SHARMA
               W/O SRI DHANESWAR SHARMA
                R/O NO. 1 HUNKURIHA
                P.O.-BORBORI
                P.S. AND DIST-NALBARI
               ASSAM
                PIN-78135

Advocate for the Petitioner         : MR. M BISWAS

Advocate for the Respondent : PP, ASSAM


                                                      BEFORE
                         HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                          ORDER

24.03.2021 Learned counsel for both the parties are present.

Today, it is submitted by the learned counsel for both the parties that in the meantime, the petitioner, Biswajit Sarma, has expired, so far their information and knowledge. On the other hand, it has been submitted by the learned Page No.# 2/2

counsel for the respondent/complainant, Smt Tulika Sarma, that the matter has already been settled between the parties and payment of the awarded amount has also been made to the respondent, as directed vide judgment and order dated 31.12.2015, in GR Case No. 1067/2012, passed by the learned Additional Chief Judicial Magistrate, Nalbari, which was affirmed by the learned Sessions Judge, Nalbari vide order dated 27.11.2018 in Criminal Appeal No. 03/2016. In this regard, money receipt has also been placed before the Court, by the learned counsel for the respondent, which shall be kept on record.

In view of the submission that the matter has been settled and also the petitioner had died, in the meantime, and the informant has been provided the awarded amount, the impugned order of conviction and sentence, mentioned above, is hereby quashed and set aside.

Accordingly, the revision petition stands disposed of.

JUDGE

Comparing Assistant