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ROBIN PHUKAN
Md. Zenaid Uddin Ahmed @ Md. Zunaid Uddin Ahmed, S/o. Harej Uddin Ahmed – Appellant
Versus
State of Assam, Rep. by The PP, Assam – Respondent
JUDGMENT :
This application under Section 482 of the Cr.P.C. is preferred by the petitioner, namely, Md. Zenaid Uddin Ahmed @ Md. Zunaid Uddin Ahmed, for quashing of criminal proceeding in P.R.C. Case No. 276/2021, under Sections 366/376 of the IPC arising out of Rupahihat P.S. Case No. 313/2019 pending in the Court of the learned Judicial Magistrate 1st Class, Kaliabor, Nagaon.
2. It is to be noted here that Rupahihat P.S. Case No. 313/2019 under Sections 366/376 of the IPC, has been registered on the basis of one F.I.R. lodged by one, Ms. Sumsun Nehar (actual name withheld)/respondent no.2, on 06.05.2019, to the effect that while she was studying in Kaliabor College, then one Md. Zuniauddin Ahmed, the petitioner, proposed to love her and accordingly, she agreed to the same. Thereafter, on 30.04.2019, while she was proceeding towards her College, the petitioner allured her and took her to the house of his uncle, maternal uncle and aunt. And thereafter, on 05.05.2019 at about 12 pm, the petitioner, on the pretext of dropping her at her residence, took her to the market, under Samguri Police Station and thereafter he left her there and fled away. And during the aforesaid period the pe
Point of Law : Power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised to quash the criminal proceedings which involved heinous and serious offences of mental depravity or....
The High Court cannot quash rape charges based solely on victim settlement; such matters require careful scrutiny to uphold the seriousness of the crime and protect public interest.
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
The court can quash criminal proceedings based on a compromise between the parties, especially in cases where the allegations could not be established and the continuance of the proceedings would be ....
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
The court can invoke its power under Section 482 of the Code of Criminal Procedure to quash a criminal proceeding when the matter has been settled between the parties and continuing the proceeding wo....
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
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