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2018 DIGILAW 764 (GAU)

RITU PABAN BAISHYA v. STATE OF ASSAM

2018-05-09

HITESH KUMAR SARMA

body2018
JUDGMENT/ORDER : 1. This petition under Section 482 of the Cr.PC has been filed seeking quashment of the complaint case, being CR Case No. 845/2014, pending in the Court of the learned Chief Judicial Magistrate, Nagaon, under Section 498 (A) of the IPC. 2. I have heard Mr. P.K. Munir, learned counsel for the petitioner as well as Mr. U. Pathak, learned counsel for the respondent No. 2. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor appearing for the State respondent No. 1. 3. The petitioner and the respondent No. 2 have agreed not to pursue the aforesaid case, and to that effect, an affidavit has been filed which is available in the record. 4. On the other hand, the learned counsel for the respondent No. 2 has also submitted that the respondent No. 2 has no objection and rather she is agreeable to the quashment of the aforesaid complaint case. 5. In view of the fact that the victim-complainant does not want to pursue the proceeding in the aforesasid CR Case, under Section 498 (A) of the IPC, continuance of the proceeding in the Court will not serve any useful purpose in view of the judgment passed by this Court in the case of Arun Mandal & Ors. vs. State of Assam & Anr., reported in 2014 (2) GLT 882. 6. That being so, this petition is allowed and the CR Case No. 845/2014 pending in the Court of the learned Chief Judicial Magistrate, Nagaon is quashed. 7. Interim order, passed earlier, stands vacated. 8. Send down the LCR along with a copy of this judgment.