Gauhati High Court
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GAHC010006592025
2025:GAU-AS:11246
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./41/2025
GAJENDRA CHANDRA BORO
S/O NALI RAM BORO
R/O KACHARI, SOLMARY
P.O.AND P.S. RANGIA
DIST. KAMRUP, ASSAM
VERSUS
MANOJ DAS AND ANR
S/O SRI DINESH DAS
R/O VILL- BANGARA, KOCHPARA
P.S. PALASHBARI, DIST. KAMRUP (M), ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSA
Advocate for the Petitioner : MR H GUPTA, MR Y. BARBHUIYA,MR. K PRASAD
Advocate for the Respondent : PP, ASSAM, MR. A R TAHBILDAR (R-1)
BEFORE
HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
22/08/2025
This petition under Section 528 of the BNSS, 2023 has been prayed for
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setting aside of the Judgment and Order dated 09.12.2022 passed by Additional
Session Judge No. 2, Kamrup (M), Guwahati in Criminal Appeal No. 192/2019
and the conviction dated vide Judgment and Order dated 01.10.2019 passed in
C.R. Case No. 2036/2015 passed by the Judicial Magistrate First Class
Kamrup(M) Assam.
2. I have heard learned counsel for the petitioner, Mr. H. Gupta as well as
learned counsel for the respondent No. 1 Mr. A.R Tahbildar and also learned
Addl. Public Prosecutor, Ms. S. Borah for the State respondent.
3. The case of the petitioner is that the present petitioner had been convicted
by the judgment and order dated 09.12.2022 in C.R. Case no. 2036/2015 by
the Learned Judicial Magistrate First Class Kamrup(M) Assam and the same
conviction was upheld by the Additional Session Judge, Kamrup(M) Guwahati in
Criminal Appeal No. 192/2019; wherein the accused/petitioner was directed to
pay the compensation amount of Rs. 3,50,000/- and was sentenced to Simple
Imprisonment for six months and in default to undergo Simple Imprisonment for
another two (2) months.
4. It is the case of the petitioner that subsequently, the parties have settled
their dispute amicably outside the Court and through a deed of agreement
executed on 08.01.2025 at Guwahati. The complainant/ respondents and the
petitioner have come to an understanding as the full and final settlement
amount of Rs. 3,50,000/- has been paid and the complainant/respondents has
also admitted that the same has been received. It was also agreed between the
parties that the complainant/respondent has no grievance and does not wish to
proceed any further against the petitioner. Thereafter, the money receipt dated
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08.01.2025 was also issued by the complainant/respondent acknowledging the
receipt of sum of Rs. 3,50,000/- against the complaint case C.R. No. 20
2036/2015. Another affidavit was executed by complainant/respondent on
08.01.2025 stating therein that the accused/petitioner has already paid an
amount of Rs. 3,50,000/- and that he duly acknowledges the receipt of the full
and final amount against the cheque amount. It is also stated in the affidavit
that the complainant/respondent has no grievances complaint against the
petitioner/accused and does not want to proceed any further against the above
mentioned cheque and also agreed to withdraw the case from the Court as he
received full and final payment.
5. In view of the facts and circumstances as stated above this Court is of the
view that the conviction vide Judgment and order dated 01.10.2019 passed in
C.R. Case No. 2036/2015 passed by the Judicial Magistrate First Class
Kamrup(M) Assam can be set aside as well as the Judgment and Order dated
09.12.2022 passed by Additional Session Judge No. 2 Kamrup(M) , Assam in
Criminal Appeal No. 192/2019 as the offence was not one which affects the
public at large but it was a private dispute between the parties and the amount
which was due has already been received by the complainant/respondent.
6. The judgment and order dated 01.10.2019 in C.R. Case No 2036/2015
passed by JMFC Kamrup(M), Assam is quashed and set aside. The Judgment
and Order dated 09.12.2022 passed by the Additional Session Judge No. 2,
Kamrup(M), Assam in Cremical Appeal 192/2019 is also quashed and set aside.
Accordingly, the petition is allowed.
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Petition is disposed of.
JUDGE
Comparing Assistant
