SAURAV SUREKA Vs. AJIT BORTHAKUR

JUDGEMENT

(1.) Heard Mr. D Das, learned counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the respondent State.

(2.) By this petition under Section 482 r/w Section 397/401 of the Cr.P.C, the petitioner has prayed for quashing of the FIR and the entire proceeding in connection with Dispur PS Case No. 3286/2019 (GR No. 1739/2019) under section 406/420 of the IPC against the petitioner.

(3.) Mr. D Das, learned counsel for the petitioner, submits that the petitioner is a Chartered Accountant by profession and the respondent No. 3, being the wife of the respondent No.2/informant, was the registered owner of the vehicle, Hundai Grand i1o Sportz 1.2., bearing Registration No. AS-01-DX-7900 sold it to the present petitioner. Mr. Das further submits that the petitioner had earlier purchased the said vehicle on good faith from one Mohit Dugar, who, in connivance with one Arun Yadv, misrepresented the facts and fraudulently sold the vehicle in the month of May, 2019, which fact came to light only when the respondent No.2 filed the FIR. According to Mr. Das, on having come to light the complete story, the petitioner, the respondent No.2 and the Respondent No.3 have mutually decided to settled the matter and accordingly, executed a Notarised Deed of Agreement, which is annexed as Annexure-2and as such, it will be an abuse of the process of law, if the FIR is not quashed in respect of the petitioner, who was innocent in the entire transactions.