GUWAHATI, India, Sept. 7 -- Gauhati High Court issued the following order on Aug. 7:

1. 1. Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for respondent No.1 and Mr. M. Islam, learned counsel appearing for respondent No.2/informant.

2. The petitioner filed the instant proceeding under Section 482 of Cr. P.C. seeking quashing of the entire proceeding of GR No. 3041 of (PRC No. 418/2021) arising out of North Lakhimpur PS Case No. 1420/2019 under section 366(A)/511/34 IPC pending before the learned Additional CJM, Lakhimpur, North Lakhimpur

3. The background of the criminal proceeding is that on 28.11.2019, the informant, Akramul Islam lodged an ejahar before the North Lakhimpur PS with the allegation that the accused person induced his 11 year old sister and attempted to sell her to some person of Arunachal Pradesh; that on 27.11.2019, the accused person tried to get her into a vehicle with such objective but she managed to flee away from that vehicle and took shelter in the house of one Md. Abdul Mojid; then subsequently, the same person informed the villagers and the minor girl was recovered.

4. As already mentioned, the aforesaid police case was registered on the basis of that ejahar and upon completion of investigation, the IO submitted charge-sheet dated 30.09.2020 against three accused persons, namely, Mazid Ali, Hanif Ali (the petitioner) and Md. Samar Ali. However, Hanif Ali and Samar Ali were shown as absconders in the charge-sheet.

5. The matter was followed by a subsequent development wherein the respondent-2/informant entered into an agreement with Md. Hanif Ali/petitioner whereby, the first party/informant stated that he would withdraw the case on the basis of the compromise and that both parties shall live peacefully and that will not do any such activities in future. The agreement was made and signed on 24.02.2020.

6. M. Islam, learned counsel for the said second party /informant/respondent No.2 appearing before this court as mentioned earlier supports the said agreement and admits that he has no objection in quashing of the proceeding pertaining to the said agreement.

7. In this regard, the respondent No.2 also filed an affidavit narrating his contentions and reiterating his no objection to the petitioner's prayer in the context of this agreement.

8. Accordingly, the petitioner is seeking quashing of the entire criminal proceeding and in support of the said agreement the learned petitioner counsel has relied on the decision of the Hon'ble Supreme Court in the case of Nariender Singh and others versus State of Punjab and another, reported (2014) 6 SCC 466.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqJGN4oSAHHAEtNAQYjB8RfMNnCvKSuuvvL78BkxerHee&caseno=Crl.Pet./521/2024&cCode=1&cino=GAHC010088182024&state_code=6&appFlag=)

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