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ROBIN PHUKAN
Braham Prakash Bansal @ Rahul Bansal S/o Lt. Gopiram Bansal – Appellant
Versus
State of Assam Rep. by The PP, – Respondent
JUDGMENT :
Heard Mr. D. Talukdar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam for the State/respondent No.1 and Ms. G. Borah, learned counsel for the respondent No.2.
2. In this petition under Section 482 of the CrPC, the petitioner, Sri Braham Prakash Bansal @ Rahul Bansal has prayed for quashing of the FIR dated 06.07.2020, filed by the respondent No.2, Smti Sunaina Palriwal (Bansal), against him with the Officer-in-charge of Dibrugarh Police Station, in connection which the Dibrugarh P.S. Case No.1084/2020, under Sections 420/294/506 of the IPC, read with Section 66(C) of the Information Technology Act, 2020.
3. It is to be noted here that the aforementioned FIR was lodged by Smti Sunaina Palriwal (Bansal) on 06.07.2020, to the effect that she has been living separately from her husband (the present petitioner) since 2019 and a Divorce Suit is pending between them before the Court of learned District Judge, Dibrugarh and that her husband opened a facebook account in a fake name viz. Rahul Bansal, and using the same till date, where he uploaded her photographs without her consent and permission. Thereafter, on 04.07.2020, at about 8:
Quash of Criminal proceedings – Non compoundable offences – Compromise between parties.
Matrimonial dispute – Harassment – Compromise between parties – Quash of FIR.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and pres....
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