Crl.Pet. 955/2016. Gauhati High Court

Case NumberCrl.Pet. 955/2016
Judgement DateJuly 13, 2019
CourtGauhati High Court

Crl. Pet. No. 955 of 2016

BEFORE

HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK

13.07.2017

Heard Ms. U. Hazarika, learned counsel for the petitioners and Mr. TK Mishra, learned Additional Public Prosecutor, Assam appearing for the State respondent.

The petitioner No.1, as informant, on 29.06.2013 lodged an FI R against the petitioner No.2 before the Officer-in-Charge, Fatasil Ambari Police Station stating that she lives with her lone son and the accused/ petitioner No.2 used to reside as her tenant, who was in the catering business. I n the said FI R, the informant/ petitioner No.1 also stated that her son is working with the accused/ petitioner No.2 in his catering business and the accused did not pay him salary for the last three months and, moreover, demanded Rs. 10 Lakhs from her and rather wants to possess her landed property by fraudulent means. The said FI R of the informant dated 29.06.2013 was duly registered as Fatasil Ambari P.S. Case No. 401/ 2013 under Sections 387 I PC (corresponding to GR No. 7860/ 2013). After completion of the investigation the concerned I nvestigating Officer, on 20.08.2013 vide No. 165/ 2013, submitted the Chargesheet in the said Fatasil Ambari P.S. Case No. 401/ 2013. The learned Judicial Magistrate, First Class, Kamrup (M), Guwahati after considering the said Chargesheet, by his order dated 01.10.2015 passed in GR Case No. 7860/ 2013, took cognizance of the offences and framed charges under Section 389 I PC against the accused/ petitioner No.2, which was read over and explained to him, to which he pleaded not guilty and claimed to be tried.

During pendency of the case, the informant/ petitioner No.1 and the accused/ petitioner No. 2 amicably settled their dispute outside the court and to that extent, also made an agreement before the Notary at Guwahati on 01.06.2016 wherein the informant/ petitioner No.1 as 1st Party categorically submitted that as the matter has been settled outside the court to their satisfaction and the disputes between them had been compromised mutually, she does not want to pursue the

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