Page No.# 1/8 vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1371 Gua

                                                                   Page No.# 1/8

GAHC010086732021




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

                          Case No. : Crl.Pet./343/2021

         JAHIRUL ISLAM MAZUMDER AND 11 ORS
         S/O. ABDUR REJAK MAZUMDER, VILL. UJANKUPA PART-I, P.O. AND P.S.
         HAILAKANDI DIST. HAILAKANDI, ASSAM.

         2: ASHODUR RAHMAN LASKAR

          S/O. ABDUL KUDDUS LASKAR
          VILL. CHANDIPUR PART-IV
          P.S. ALGAPUR
          DIST. HAILAKANDI.

         3: FAKRUL ISLAM BORBHUIYA
          S/O. ABDUL HAQUE BARBHUIYA
         VILL. CHANDIPUR PART-IV
          P.S. ALGAPUR
          DIST. HAILAKANDI.

         4: IBRAHIM ALI MAZUMDER
          S/O. NAIFOR ALI MAZUMDER
         VILL. CHANDIPUR PART-IV
          P.S. ALGAPUR
          DIST. HAILAKANDI.

         5: ANWAR HUSSAIN LASKAR
          S/O. JUAID ALI LASKAR
         VILL. CHANDIPUR PART-IV
          P.S. ALGAPUR
          DIST. HAILAKANDI.

         6: KAIDUL ALOM LASKAR
          S/O. ALA UDDIN LASKAR
         VILL. CHANDIPUR PART-IV
          P.S. ALGAPUR
          DIST. HAILAKANDI.
                                 Page No.# 2/8


7: FOKOR UDDIN LASKAR
 S/O. JUNAB ALI LASKAR
VILL. CHANDIPUR PART-IV
 P.S. ALGAPUR
 DIST. HAILAKANDI.

8: REAZUL HOQUE LASKAR
 S/O. MUBARAK ALI LASKAR
VILL. CHANDIPUR PART-IV
 P.S. ALGAPUR
 DIST. HAILAKANDI.

9: SAMS UDDIN MAZUMDER
 S/O. ABDUL KHALIQUE MAZUMDER
VILL. CHANDIPUR PART-IV
 P.S. ALGAPUR
 DIST. HAILAKANDI.

10: BILAL AHMED LASKAR
 S/O. JALAL UDDIN LASKAR
VILL. CHANDIPUR GRANT
 P.S. ALGAPUR
 DIST. HAILAKANDI.

11: HILAL AHMED LASKAR
 S/O. JALAL UDDIN LASKAR
VILL. CHANDIPUR GRANT
 P.S. ALGAPUR
 DIST. HAILAKANDI.

12: JALAL UDDIN LASKAR
 S/O. INTAJ ALI LASKAR
VILL. CHANDIPUR GRANT
 P.S. ALGAPUR
 DIST. HAILAKANDI

VERSUS

THE STATE OF ASSAM AND 5 ORS.
REP. BY PP, ASSAM.

2:MOSAID ALI LASKAR
 S/O. LT. HARUS ALI LASKAR
VILL. CHANDIPUR T.E. GRANT
 P.O. AND P.S. ALGAPUR
 DIST. HAILAKANDI
ASSAM
                                                                     Page No.# 3/8

             PIN-788150 (INFORMANT).

            3:SAIDUR RAHMAN CHOUDHURY
             S/O. LT. MORAM ALI CHOUDHURY
            VILL. CHANDIPUR GRANT
             P.S. ALGAPUR
             DIST. HAILAKANDI
             PIN-788151.

            4:KAZI ALA UDDIN
             S/O. LT. KAZI SULUK RAZA
            VILL. CHANDIPUR GRANT
             P.S. ALGAPUR
             DIST. HAILAKANDI
             PIN-788151.

            5:SIBA KARMAKAR
             S/O. MAYA KARMAKAR
            VILL. CHANDIPUR GRANT
             P.S. ALGAPUR
             DIST. HAILAKANDI
             PIN-788151.

            6:KAZI NIZAM UDDIN
             S/O. LT. ABDUL JALIL
            VILL. CHANDIPUR GRANT
             P.S. ALGAPUR
             DIST. HAILAKANDI
             PIN-788151

Advocate for the Petitioner   : MR M J QUADIR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                          ORDER

Date : 27-04-2022

Heard Mr. M.J. Quadir, learned counsel for the petitioners, Mr. B. Sarma, learned Addl. Public Prosecutor and Ms. P. Adhikari, learned counsel for the respondent Nos. 2 to 6.

Page No.# 4/8

2] This is an application under section 482 of the Cr.PC for setting aside and quashing the proceeding of G.R. Case No.1551/2019 arising out of Algapur P.S. Case No.193/2019 under section 147/148/149/325/326 of IPC pending in the Court of Additional Chief Judicial Magistrate, Hailakandi.

3] The brief facts of the case in brief is that the opposite party No.2/complainant has lodged an FIR alleging inter alia that the petitioner No.1 was entrusted to carry out the construction of road near his house Chandipur T.E. Labour Line Road as contractor. On 26.06.2019 at about 11 AM when son of respondent No.2 and other local people along with representative of Goan Panchayat President and Alagpur Block Chairman went to the work site and asked the petitionerNo.1 to show the work as same has not been done as per requirement. That petitioner No.1 had then called over phone the other accused persons at that place and assaulted son of respondent No.2 for which he sustained serious injury. Opposite parties 3,4, 5 & 6 also lodge separate FIR for the same cause of action.

4] That after investigation Police had submitted charge sheet vide Charge Sheet No.183/2019 dated 29.11.2019 U/s 147/148/149/323/325 of IPC against petitioner and the other persons.

5] Mr. M.J. Quadir, learned counsel for the petitioners, submits that the Petitioner No1 was infact not in the place of occurrence during the time of the incident since he had gone to Guwahati to attend to his some personal matters. That regarding the said incident a cross case has also been filed by one Sri Monuj Ray which is registered as Algapur P.S. case No. 196/2019 under section 384/380/147/506/323 IPC. In connection to both the police cases a Bichar in Page No.# 5/8

presence of elderly respected people of the village and in presence of parties of both the cases was held for amicable settlement and accordingly an affidavit was sworn in by the victim son of respondent No. 2 on 13.10.2020. Subsequently, an agreement dated 15.03.2021 was also sworn in this regard. It was decided in the Bichar that compensation and medical treatment would be provided to the injured persons of both the parties. Both the parties stated they are happy with the decision of village Bichar and not interest in running/contesting the proceedings against each other. It is stated in the agreement that no party has any objection if the accused persons in respect cases are released/acquitted from the charges. It is clearly stated in the agreement that petitioner No.1was not present at the place of occurrence and on the date of incidence he was in Guwahati for some personal work and the case was lodges against him due to misunderstanding. Both the parties have stated that they are neighbours and are committed to live in peace and harmony in future days and continuance of the cases may cause harm to peace and tranquility in the village.

6] The learned counsel further submits that since the dispute has already been settled between the parties and the victims have already been compensated, they have no interest in trial proceeding pending before the court below. That the bailable warrant issued by the Additional Chief Judicial Magistrate, Hailakandi is only an abuse of process of law and is liable to set aside and quashed. That there is no possibility of conviction of the petitioners as the matter has been amicably settled between the parties and the informant is no longer interest in running the trial proceeding Hence this petition for setting aside and quashing the proceeding of G.R. Case No./1551/2019 arising out of Algapur P.S. Case No. 193/2019 under section 147/148/149/325/326 of IPC Page No.# 6/8

pending in the Court of Additional Chief Judicial Magistrate, Hailakandi.

7] Mr. M.J. Quadir, learned counsel has drawn attention of this court to the judgments of the Hon'ble Supreme Court rendered in the case of Narinder Singh and Other .Vs. State of Punjab and Another reported in (2014) 6 SCC 466, Pepsi Foods Ltd. and Another .Vs. Special Judicial Magistrate and others reported in (1998) 5 SCC 749, Ashol Chaturbedi and Others .Vs. Shitul H. Chanchani and Another reported in (1998)7 SCC 698 and the Gauhati High Court case in Jahirul Maulana @ Jahirul Islam (MD) .Vs. State of Assam & Ors.reported in 2016 (4) GLT 460.

8]8] 8] Mr. B. Sarma, learned Addl. Public Prosecutor and Ms. P. Adhikari, learned counsel for the respondent Nos. 2 to 6 in all fairness admit that since it is apparent that the matter has been amicable settled between the parties although there is an allegation of grievous injury serious on the event of the subsequent compromise, it would naturally be a futile exercise to continue with the case.

9] I have considered the submissions of both the parties and perused the documents appended thereto along with the citations placed by the learned counsel for the petitioner.

10] The Hon'ble Supreme Court rendered in the case of Narinder Singh and Other.Vs. State of Punjab and Another(supra) in a case where the accused were charged under section 307 IPC, has held that

"33. We have gone through the FIR as well which was recorded on the basis of statement of the complainant/victim. It gives an indication that the complainant was attacked allegedly by the accused persons because of some previous dispute between the Page No.# 7/8

parties, though nature of dispute, etc. is not stated in detail. However, a very pertinent statement appears on record viz. "respectable persons have been trying for a compromise up till now, which could not be finalized". This becomes an important aspect. It appears that there have been some disputes which led to the aforesaid purported attack by the accused on the complainant. In this context when we find that the elders of the village, including Sarpanch, intervened in the matter and the parties have not only buried their hatchet but have decided to live peacefully in future, this becomes an important consideration. The evidence is yet to be led in the Court. It has not even started. In view of compromise between parties, there is a minimal chance of the witnesses coming forward in support of the prosecution case. Even though nature of injuries can still be established by producing the doctor as witness who conducted medical examination, it may become difficult to prove as to who caused these injuries. The chances of conviction, therefore, appear to be remote. It would, therefore, be unnecessary to drag these proceedings. We, taking all these factors into consideration cumulatively, are of the opinion that the compromise between the parties be accepted and the criminal proceedings arising out of FIR No. 121 dated 14.7.2010 registered with Police State Lopoke, District Amritsar Rural be quashed. We order accordingly."

11] Therefore, in view of the submissions made and the fact that the parties have already come to an amicable settlement and are residing peaceably Page No.# 8/8

in the society, having applied the principles laid by the Supreme Court in the above noted cases, this court is of the considered opinion, that it would be an abuse of the process of court and a futile exercise, if the proceeding is allowed to be continued.

12] Accordingly the impugned proceeding in of G.R. Case No.1551/2019 arising out of Algapur P.S. Case No.193/2019 under section 147/148/149/325/326 of IPC pending in the Court of Additional Chief Judicial Magistrate, Hailakandiis set aside and quashed under the inherent power of this court under section 482 Cr.P.C.

13] Crl. Pet No. 343 of 2021 is accordingly allowed and stands disposed of.

JUDGE

Comparing Assistant