Page No.# 1/3 vs The State Of Assam
2025 Latest Caselaw 1707 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 3 January, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/3

GAHC010271482024




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

                          Case No. : Crl.Pet./1583/2024

         MD HACHNINE AHMED AND 4 ORS.
         S/O LT. MOMIN UDDIN AHMED
         R/O VILL- BORIGAON
         P.S. MORIGAON SADAR,
         DIST. MORIGAON, ASSAM

         2: MD. IFTIKAR AHMED
          S/O MD. HACHNINE AHMED
         R/O VILL- BORIGAON
         P.S. MORIGAON SADAR

         DIST. MORIGAON
         ASSAM

         3: MD. SAHALOM AHMED @ SHAH ALAM
          S/O MD. HACHNINE AHMED
         R/O VILL- BORIGAON
         P.S. MORIGAON SADAR

         DIST. MORIGAON
         ASSAM

         4: MD. IMTIHAR AHMED
          S/O MD. HACHNINE AHMED
         R/O VILL- BORIGAON
         P.S. MORIGAON SADAR

         DIST. MORIGAON
         ASSAM

         5: MUSSTT. SALINA SULTANA
          D/O ATABUR RAHMAN
         R/O DACCAPATTY MASJID ROAD
                                                                    Page No.# 2/3

            NAGAON TOWN

            P.S. NAGAON SADAR
            DIST. NAGAON
            ASSA

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MR. S K JAIN,

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

03-01-2025 Heard Shri S. K. Jain, learned counsel for the petitioners, who has presented this petition under Section 528 read with Section 359 of the BNSS, 2023 for quashing of the proceeding in PRC Case No. 1955/2023 under Section 498(A)/34 IPC arising out of Nagaon PS Case No. 1113/2014 before the learned Addl. Chief Judicial Magistrate, Nagaon, Assam.

It is the contention of the learned counsel for the petitioners that the proceeding was initiated on a complaint lodged by the present petitioner no. 5 against the petitioner nos. 1 to 4 under Section 498 A read with Section 34 of the Indian Penal Code. It is however contended that the matter has been compromised and this petition itself has been filed jointly. Let notice be issued returnable by 6 (six) weeks. Shri K. Baishya, learned Addl. PP accepts notice on behalf of the State Page No.# 3/3

respondent.

Shri Jain, the learned counsel prays for an interim order. In this connection, he has referred to the judgment of State of Madhya Pradesh Vs Laxmi Narayan and Ors. reported in (2019) 5 SCC 688. Considering the facts and circumstances and also taking into account that the present is a joint petition, until the returnable date, further proceedings in PRC Case No. 1955/2023 shall remain suspended.

JUDGE

Comparing Assistant