Dr. Junaid Masud Laskar And Anr. vs. Tahmina Sultana Laskar

Held

The Court allowed the prayer for withdrawal of the criminal petition. The reasoning was based on the submission made by the learned counsel for the petitioners that both parties have amicably settled their disputes. The Court found no impediment to allowing the withdrawal. The ratio decidendi is that if parties to a dispute, particularly in a criminal petition where settlement is possible, amicably resolve their differences, the Court may permit the withdrawal of the petition. The operative direction was to dispose of the petition on withdrawal.

Facts

This case involves a criminal petition filed by Dr. Junaid Masud Laskar and another petitioner against Tahmina Sultana Laskar. The petitioners, represented by Mr. M.H. Choudhury, informed the Gauhati High Court that both parties have reached an amicable settlement regarding their disputes. Consequently, the petitioners' counsel requested permission to withdraw the petition. The respondent was represented by Mr. M. Ahmed.

Key Issues

1. Whether the criminal petition can be withdrawn by the petitioners due to an amicable settlement between the parties. Petitioner's Argument: The petitioners argued that they have amicably settled all their disputes with the respondent. Based on this settlement, they sought to withdraw the present criminal petition. Revenue/State's Argument: The judgment does not record any specific argument from the revenue or state. It only notes the appearance of the respondent's counsel.