PROMOD TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. T Som, learned counsel for the petitioners as well as Mr. B.J. Dutta, learned Addl. P.P., Assam for the State/opp. party No.1. The opp. party Nos.2 & 3 are absent.

(2.) The three petitioners namely Promod Talukdar, Tutu Buragohain and Dipu Talukdar has been arrayed as the accused in the FIR pertaining to Noonmati P.S. Case No.53/2008, u/s.341/325/307/34 Penal Code. The case ended at charge sheet u/s.341/325/307/34 Penal Code. The case being committed to the Court of Sessions, the Sessions Case No.153/2015 was registered and the accused/petitioners stood before the trial Court and denied the charges. During the course of proceeding before the learned Addl. Sessions Judge No.2, Kamrup (M), the prosecution examined four witnesses in the meantime.

(3.) At this stage, the present petition has been preferred by the petitioners u/s.482 CrPC, for quashing of the charge sheet and the subsequent proceeding on the ground that the matter has been settled between the parties and the case was filed merely on suspicion. The informant and the victim and the witnesses so far examined has also not implicated the present petitioners. As such it contends that further proceeding of the case will be nothing but an abuse of the process of law and liable to be quashed and set aside.