GAUHATI HIGH COURT ISSUES ORDER ON DAIVER ALI V/S THE STATE OF ASSAM

GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. Heard Mr. S Rahman, learned counsel for the petitioners. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State.

2. This application under Section 528 of BNSS has been jointly filed by the petitioners, namely, Daiver Ali @ Driver Ali and Mainul Hoque praying for quashing of the criminal proceedings of PRC Case No. 419/2024 pending before the Court of learned Judicial Magistrate First Class, Boko under Sections 406/420 of IPC.

3. The learned counsel for the petitioners submits that the petitioner No. 1 is the accused and the petitioner No. 2 is the informant in the said case and both are own brothers.

4. The petitioner No. 2 lodged an FIR before the O/c. Boko Polic Station on 18.19.2023 against the Petitioner No. 1 stating that, on last 14.05.2022, the Petitioner No. 1 went to the house of the Petitioner No. 2 and borrowed an amount of Rs. 7,00,000/- from the Petitioner No. 2 citing his financial hardships but he has not returned the money till today. When the Petitioner No. 2 asked for money, the Petitioner No. 1 on one plea or another did not return the money to the Petitioner No. 2. The petitioner No. 2 came to know that Petitioner No. 1 has hatched a conspiracy and has taken the money by cheating the petitioner No. 2. Accordingly, after receiving of the written FIR, a case has been registered vide Boko P.S Case No. 439/2023 under Section 406/420 IPC and started investigation.

5. It is submitted that the true fact of the case is that the petitioner No. 1 intended to sell his plot of land due to want of money and the petitioner No. 2 being the own brother of the petitioner No. 1 had shown interest to purchase the plot of land from the petitioner No. 1. In this regard, the petitioenr No. 2 paid Rs. 7,00,000/- to the petitioner No. 1 on 14.05.2022 but to severe family dispute, the petitioner No. 1 could not give possession of the aforesaid mentioned land to the petitioner No. 2. As such, the petitioner No. 1 assured the petitioner No. 2 that he will return the money to the petitioner No. 2. But unfortunately, in the meantime, the petitioner No. 2 lodged FIR against the petitioner No. 1. 6. After completion of the investigation, the concerned Investigating Officer of Boko Police Station submitted charge-sheet against the petitioner No. 1 vide charge-sheet No. 37/2024 dated 29.02.2024 under Section 406/420 IPC before the Court of learned Judicial Magistrate First Class (JMFC), Boko. 7. Subsequently, the JMFC, Boko took cognizance of the offence against the petitioner No. 1 under Section 406/20 IPC. It is submitted that subsequently, the matter has been amicably settled between the parties and the petitioner No. 1 has paid a total amount of Rs. 7 lakhs to the petitioner No. 2 in four separate installment and thereby, cleared/returned the entire amount which he had taken from the petitioner No. 2 and in this regard, money receipt has also been issued by the petitioner No. 2. 8. The instant petition has been jointly preferred by the accused person as well as the alleged victim.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7KXrqpXi%2Fey%2BW5w1vmBh5Ibm9DJforyFxZz%2F%2FqL7T4q&caseno=Crl.Pet./1163/2025&cCode=1&cino=GAHC010212472025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.