Gauhati High Court
Bhairab Nath vs The State Of Assam And Anr on 20 July, 2022
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GAHC010139832022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./365/2022
BHAIRAB NATH
S/O LATE SUREN CHANDRA NATH,
R/O VILL- NO. 2, BIJULIBARI, P.O. BIJULI BARI, P.S. SIPAJHAR, DIST.
DARRANG, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SMTI. SABITA NATH
D/O SRI SARBESWAR PHUKAN
R/O AZAD KALITA GAON
MOUZA- TELAHI
P.S. N. LAKHIMPUR
P.O. PANIGAON
DIST. LAKHIMPUR
ASSA
Advocate for the Petitioner : MR. R J DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
20.07.2022.
Heard Mr. R.J. Das, learned counsel for the petitioner. Also heard Mr. P.
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Borthakur, learned Additional Public Prosecutor for the State/respondent No.1.
In this petition under Section 397 read with Section 401/482 of the Code of
Criminal Procedure, 1973, the petitioner prayed for quashing of the charge
sheet dated 31.01.2013, in Panigaon P.S. Case No.68/2012, under Section
498A/34 of the IPC and the judgment and order dated 14.11.2018, passed in
the said case registered as G.R. Case No.1287/2012, by the learned Judicial
Magistrate 1st Class, North Lakhimpur and also the judgment and order dated
21.06.2022, passed in Criminal Appeal No.41(4)/2018, whereby the learned
Lower Appellate Court i.e. the Court of learned Addl. Sessions Judge (F.T.C.),
Lakhimpur at North Lakhimpur has upheld the conviction and sentence of the
petitioner.
Mr. R.J. Das, learned counsel for the petitioner submits that the petitioner and
the respondent No.2 Smti Sabita Nath are husband and wife and a number of
cases are pending between them and on the basis of the settlement dated
22.01.2019, one Misc. Case No.117/2012, under Section 125 Cr.P.C. and one
Title Execution Case No.1/2018 have already been withdrawn. On the basis of
the said settlement deed, the petitioner has approached this Court for quashing
the charge sheet dated 31.01.2013, in Panigaon P.S. Case No.68/2012 and for
setting aside the judgment and order dated 14.11.2018, passed in G.R. Case
No.1287/2012, by the learned Judicial Magistrate 1 st Class, North Lakhimpur
and the judgment and order dated 21.06.2022, passed in Criminal Appeal
No.41(4)/2018 by the learned Lower Appellate Court.
Perused the petition and the documents placed on record. Also gone through
the impugned judgments and orders and the charge sheet dated 31.01.2013, in
Panigaon P.S. Case No.68/2012.
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Admit.
Issue notice to the respondent No.2, returnable in 4 (four) weeks.
Since Mr. P. Borthakur, learned Additional Public Prosecutor, has entered
appearance and accepted notice on behalf of State respondent No.1, no formal
notice is required to be issued. However, he shall be provided with requisite
extra-copy of the petition during the course of the day.
Learned counsel for the petitioner shall take steps for causing service of notice
upon respondent No.1 by registered post with A/D as well as by usual process
within a week from today.
Considering the submissions of learned Advocates of both sides and also
considering the facts and circumstances on the record, especially considering
the deed of settlement entered into by the parties, the operation of the
impugned judgment and order dated 14.11.2018, passed in G.R. Case
No.1287/2012, by the learned Judicial Magistrate 1 st Class, North Lakhimpur
and the judgment and order dated 21.06.2022, passed in Criminal Appeal
No.41(4)/2018 by the learned Addl. Sessions Judge (F.T.C.), Lakhimpur at North
Lakhimpur, stands stayed till the returnable date.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
