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
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:-
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
State of Madhya Pradesh Vs. Laxmi Narayan & Ors. (2019) 5 SCC 688
It is also relevant to consider as to what is stage of the proceedings - It has been observed that if an application is made at a belated stage wherein the evidence has been led and the matter is at ....
The court has the inherent power under Section 482 to quash criminal proceedings based on a settlement between the parties, with the aim of achieving substantial justice and preventing abuse of the c....
The main legal point established in the judgment is that the court can invoke Section 482 of Cr.P.C to quash criminal proceedings for non-compoundable offenses of a private nature when the parties ha....
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recogni....
The court can quash criminal proceedings under Section 482 Cr.P.C. when parties have mutually settled their disputes, especially in familial contexts, to prevent abuse of the legal process.
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