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GAHC010023922019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 125/2019
1:JOBYEDUR RAHMAN AND 5 ORS.
S/O KAMRUL HUDA
R/O VILL- MAHMUDPUR, P.O. DALGOMA, P.S. MATIA
DIST. GOALPARA, ASSAM
2: KAMRUL HUDA
S/O LATE MAJIBAR RAHMAN
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSAM
3: JAYDUR RAHMAN
S/O KAMRUL HUDA
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSAM
4: JABEDA KHATUN
W/O KAMRUL HUDA
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSAM
5: SAMSUL HUDA
S/O LATE MAJIBAR RAHMAN
RO BAPUJINAGAR
P.S. GOALPARA (SADAR)
DIST. GOALPARA
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ASSAM
6: ARIF HUDA
S/O LATE MAJIBAR RAHMAN
R/O VILL- MAHMUDPUR
P.O. DALGOMA
P.S. MATIA
DIST. GOALPARA
ASSA
VERSUS
1:THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
2:SAHINA YASMIN
D/O WAZED ALI
VILL- BHATIPARA
P.O. GOALPARA
P.S. GOALPARA
DIST. GOALPARA
ASSAM
PIN – 783121
Advocate for the Petitioner : MD. R ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 06-02-2019
Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned
Addl. P.P. Assam appearing for the State.
This criminal petition has been filed with a prayer to quash C.R. Case No. 248/2018
wherein cognizance has been taken by the Sub-divisional Judicial Magistrate (S), Goalpara
under Section 406 IPC.
Mr. Ali submits that the cash amount and the Pulsar bike has already been recovered
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and therefore, there is no justifiable ground to proceed with the complaint case.
The aforesaid plea taken by the petitioner is not convincing enough for this Court to
quash the proceeding. However, it prima facie appears from the materials available on record
that the offence is compoundable and there is possibility of amicable settlement of the
dispute between the parties.
Keeping in mind the aforesaid aspect of the matter, I am inclined to issue notice in this
case.
Issue notice returnable in 06 weeks.
Petitioner to take steps for service of notice upon the respondent No. 2 by registered
post with A/D.
Steps within 07 days from today.
Having regard to the facts and circumstances of the case in its entirety, it is hereby
provided that further proceeding in connection with C.R. Case No. 248/2018 shall remain
suspended till the returnable date.
JUDGE
GS
Comparing Assistant
