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2022 Supreme(Gau) 1057

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)(ITANAGAR BENCH)
ROBIN PHUKAN, J.
Token Karga and W/o Shri Hento Karga and 7 Ors. – Respondent
Versus
The State Of AP – Respondent
Crl.Petn. 7 of 2022
Decided on : 22-03-2022

Advocates:
Advocate Appeared:
For the Appellant : L Kurdu
For the Respondent: P P of AP

Headnote:

Indian Penal Code, 1860 – Sections 324, 452, 354, 34 – Criminal Procedure Code, 1973 – Section 482 – Quashing and setting – Charge-Sheet – Quashing First Information Report – Voluntarily causing hurt by dangerous weapons – House-trespass after preparation for hurt, assault or wrongful restraint – Petition under Section 482 of Cr.P.C. is preferred by petitioners, Doter jointly, for quashing and setting aside Aalo P.S./F.I.R. and Charge-Sheet, under Sections 324/452/354/34 of Indian Penal Code, corresponding to G.R. Case, pending before Court of learned Chief Judicial Magistrate – Held, Here in this case, dispute is overwhelmingly and predominantly appears to be a family dispute and parties settled disputes amicably amongst themselves in presence of their family members and they are not interested to pursue same any further and they have executed one Family Settlement Deed also – In view of above and also in view of submissions made at Bar and also considering ratio laid down by Hon’ble Supreme Court in case (supra), this Court is of view that this is a fit case where criminal proceeding can be quashed by exercising inherent power under Section 482 of Cr.P.C. and allowing the said criminal proceeding to continue, it would be an abuse of process of Court and also it would not be in interest of justice – Petition allowed.

JUDGMENT :

This petition under Section 482 of the Cr.P.C. is preferred by the petitioners, namely, Smti Token Karga, Smti Kijum Sora, Shri Hento Karga, Smti Doter Kamduk, Smti Tumken Kamduk, Shri Tomo Ete, Shri Bompe Ete & Shri Ragge Ete, jointly, for quashing and setting aside Aalo P.S./F.I.R. No. 35/2011 and the Charge-Sheet No. 74/2021, dated 09.08.2021, under Sections 324/452/354/34 of the Indian Penal Code, corresponding to G.R. Case No. 153/2021, pending before the Court of learned Chief Judicial Magistrate, Aalo.

2. The factual background leading to filing of the present petition is adumbrated herein below:-

    “On 20.05.2011, at about 2200 hours, one Hento Karga, EAC, lodged one F.I.R. with the Aalo Police Station to the effect that a group of around 20 (twenty) persons, led by Smti Token Karga, have entered into his government quarter at Sipu Colony, Aalo, with lethal weapons, such as blade, iron rod, scissors and attemped to kill Smti Kijum Sora on 20.05.2011, at around 8.00 P.M. As a result, Smti Kijum Sora sustained grievous injury on her body. On receipt of the said F.I.R., the Officer-In-Charge, Aalo Police Station, registered a case being Aalo P.S. Case No. 35/2011, under Sections 452/326/354/34 of the Indian Penal Code, and endorsed S.I. N. Had to investigate the same. The investigation culminated in submission of Charge-Sheet against Smti Token Karga, Shri Tumken Kamduk, Smti Doter Kamduk, Shri Tomo Ete, Shri Bompe Ete and Shri Ragge Ete, to stand trial in the Court of under Sections 452/324/354/34 of the Indian Penal Code. Accordingly, the accused persons appeared before the Court of learned Chief Judicial Magistrate, Aalo. While the case was pending in the stage of appearance, the accused persons and the victim and informant compromised the matter and executed one Family Settlement Deed on 03.12.2021 and on the basis of the said Family Settlement Deed, the accused and the victim and the informant approached this Court, jointly, to quash the F.I.R. and the Charge-Sheet of Aalo P.S. Case no. 35/2011, under Sections 452/326/354/34 of the Indian Penal Code.”

3. Heard Mr. L. Kurdu, learned counsel for the petitioners. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.

4. Mr. L. Kurdu, learned counsel for the petitioners, submits that on the basis of the Family Settlement Deed, the victim, the informant and the accused persons, jointly, preferred this petition for quashing the F.I.R. and the Charge-Sheet of Aalo P.S. Case No. 35/2011, under Sections 452/326/354/34 of the Indian Penal Code. Mr. Kurdu further submits that since the matter has amicably been settled between the parties, further proceeding with Aalo P.S. Case No. 35/2011, under Sections 452/326/354/34 of the Indian Penal Code, will be an abuse of the process of the Court and, therefore, it is contended to allow the petition by setting aside and quashing the F.I.R. and the Charge-Sheet of Aalo P.S. Case No. 35/2011, under Sections 452/326/354/34 of the Indian Penal Code.

5. Mr. T. Ete, learned Additional Public Prosecutor for the State respondent, submits that the State has no objection in the event of allowing the petition as the parties belongs to the same family and the dispute has been settled amicably and in view of the law laid down by the Hon’ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan & Ors. [(2019) 5 SCC 688], the petition may be allowed.

6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also the LCR received today.

7. It appears that the Aalo P.S. Case No. 35/2011, under Sections 452/326/354/34 of the Indian Penal Code, has been registered on the basis of one F.I.R., dated 20.05.2011, lodged by one Shri Hento Karga, EAC. It is alleged in the F.I.R. that at about 8.00 P.M., on that day, a group of about 20 (twenty) persons, led by Smti Token Karga, entered into his government quarter at Sipu Colony, Aal

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