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GAHC010005862019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P. 94/2019
1:BULBUL GOGOI
S/O LATE CHANDIDHAR, R/O TYPE 2/SEC. F/QTR-513, BVFCL, P.S.-
NAMRUP, DIST-DIBRUGARH, PIN-786623, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:PRABHAKAR DE
PARTNER OF M/S B.D. BROTHERS
R/O 11
LAKHESWAR BARUA PATH
NEW GUWAHATI
P.O.-NOONMATI
P.S.-NOONMATI
DIST-KAMRUP(M)
GUWAHATI-78102
Advocate for the Petitioner : MR. R GOSWAMI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 29-04-2020
Heard Mr. R. Goswami, learned counsel for the petiitoenr and Mr. R. Saikia, learned
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Addl. P.P. for the State respondent. None appeared for the private respondent.
The present revision petitioner stood convicted under Section 406 IPC and
sentenced to rigorous imprisonment for 8 months and pay fine of Rs. 5000/- with default
stipulation. The petitioner preferred an appeal before the Court of Sessions, which also
stood dismissed. Hence the present revision petition.
It is submitted by the learned counsel for the petitioner that during pendency of the
revision petition, both the parties have entered into an amicable settlement/compromise to
withdraw and dispose of all the litigation between them concerning the present issue
including the present criminal revision petition and an memorandum of understanding has
been entered into between the revision petitioner and the informant/complainant, which
has been brought on record by filing an affidavit as per direction of this Court, which shows
that both the parties have settled the matter and the informant/respondent had no
objection in setting aside the conviction and sentence of the petitioner on the basis of the
compromise.
The offence under Section 406 IPC is compoundable with the leave of the court and
there is no reason for refusing the leave to compound the offence in the facts and
circumstances of the present case. Accordingly, this revision petition is disposed of on
compromise between the parties and the impugned conviction and sentence of the revision
petitioner awarded by the learned Judicial Magistrate and confirmed by the learned
Sessions Judge in Crl. A. No. 222/2017 arising out of CR Case No. 3110 C/2014 is hereby set
aside.
The revision petition stands disposed of accordingly on compromise.
JUDGE
Comparing Assistant
