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M/S EASTERN MECHNOTECH v. THE STATE OF ASSAM AND ANR

Court: Gauhati High Court

Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-12-03. M/S EASTERN MECHNOTECH v. THE STATE OF ASSAM AND ANR. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/2 GAHC010155482020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl. Pet. /540/2020 M/S EASTERN MECHNOTECH A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT SUSHILA PLAZA, A. T. ROAD, GUWAHATI, DIST-KAMRUP(M), ASSAM, AND IS BEING REPRESENTED BY ONE OF ITS PARTNERS, SHRI MAHESH KUMAR SETHI, S/O DULI CHAND JAIN, AGED ABOUT 50 YEARS, R/O 7A BLOCK, NEHA APARTMENT, ATHGAON, GUWAHATI-781001, DIST-KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:M/S PRACHI INFRATECH A PROPRIETORSHIP CONCERN OF SMTI PRACHI TYAGI OF VILL-SIMOLU CHAPORI P. S. -BORPOTHAR GOLAGHAT ASSAM AND IS BEING REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. DEVENDRA KUMAR S/O SRI JEERAJ SINGH R/O HOUSE NO. 17/18 EAST PUNJABI BAGH DELHI-11002 Advocate for the Petitioner : MR. P DEKA Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN :: O R D E R :: Page No.

# 2/2 03-12 -2020 Heard the learned counsel for the petitioner and the learned counsel appearing for the State. Today Mr. S Kakati, learned counsel for the informant has also entered his appearance. The learned counsel for both the parties has submitted that the matter has been amicably settled by entering into a memorandum of understanding vide annexure-12 and has submitted that all amount dues to the informant has been paid after such amicable settlement and the leaned counsel for the informant has also submitted that he has no more grievance against the petitioner. I have heard the submission of the learned counsel for both the parties and also gone through the document annexed. The entire dispute is of civil nature and now as the matter has been settled, they made prayer for quashing of the entire FIR and proceeding thereof.

Having regard to the entirety of the matter which relates to civil dispute and it has been settled by way of proper documentation and the informant has also raised no objection against such prayer made by the petitioner, this Court is of the opinion that further proceeding of Dillai PS Case No. 14/2020 under Section 406/420 will be abuse of process of Court. Accordingly, the entire proceeding of Dillai PS Case No. 14/2020 is hereby quashed and set aside. Petition stands disposed of. JUDGE Comparing Assistant

Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.