Biren Haloi vs Maa Kamakhya Associates And Anr
2023 Latest Caselaw 3157 Gua

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GAHC010109392023




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

                          Case No. : Crl.Rev.P./137/2017


         BIREN HALOI
         S/O- LATE MOHIRAM HALOI
         R/O- HENGRABARI
         GUWAHTI-36
         P.S- DISPUR
         DIST- KAMRUPM
         ASSAM


          VERSUS

         MAA KAMAKHYA ASSOCIATES and ANR.
         PIYALI PHOOKAN ROAD
         REHABARI
         MILANPUR
         GUWAHATI-8
         P.S- PALTAN BAZAR
         DIST- KAMRUPM
         ASSAM

         2:SRI PARTHA CHAKRAVARTY
         MANAGER OF MAA KAMAKHYA ASSOCIATES
          S/O- SRI RANENDRA NARAYAN CHAKRAVARTY
          R/O- JYOTIPATH
          ODALBAKRA
          GUWAHATI-34
          P.S- DISPUR
          DISTRICT- KAMRUPM
         ASSAM
          ------------
         Advocate for : MR.H KALITA
         Advocate for : MS.M ROYR- 1and2 appearing for MAA KAMAKHYA ASSOCIATES
         and ANR.
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                                      BEFORE
                THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                 ORDER

16.08.2023

Heard learned counsel for the parties.

This is an application under Section 397/401 read with Section 482 Cr.P.C. assailing judgment and order dated 27.01.2017 passed by the learned District & Sessions Judge, Kamrup (M) in Criminal Appeal No. 93/2014 affirming the conviction and sentence dated 10.11.2014 passed by the learned SDJM II, Kamrup (M) in Complaint Case No. 996/2013.

Both the learned counsel for the parties submit that the parties have amicably settled the matter.

Since the matter involves financial issues and the issue is in civil in nature, the impugned judgment and order dated 27.01.2017 passed by the learned District & Sessions Judge, Kamrup (M) in Criminal Appeal No. 93/2014 affirming the conviction and sentence dated 10.11.2014 passed by the learned SDJM II, Kamrup (M) in Complaint Case No. 996/2013 are hereby set aside and quashed on the basis of the aforesaid settlement.

Revision petition stands disposed of.

JUDGE

Comparing Assistant