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DEVASHIS BARUAH
Koken Taba, S/o. Lt. Toko Taba – Appellant
Versus
State Of AP. , Represented Through The Ld. Public Prosecutor – Respondent
JUDGMENT :
1. None appears on behalf of the Petitioners on call. Heard Ms. T. Jini, the learned Additional P.P. appearing on behalf of the Respondent.
2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code”) for quashing of Basar P.S. Case No.03/2015 registered under Sections 452/326/427/34 IPC as well as corresponding G.R. Case No.31/2016 which is pending before the Court of Chief Judicial Magistrate, West Siang District, Aalo, on the ground of mutual settlement dated 19.07.2019 arrived at between the parties i.e. the complainant, victim and the accused.
3. The facts of the instant case is that on 25.02.2015 at 8.15 hours, a written complaint was received by P.S. Basar from one Sri. Koken Taba, aged about 80 years, son of Late Tako Taba of village Nyobom (Old Market Basar) P.O./P.S. Basar, District West Siang (AP) to the effect that on 27.02.2015 at around 2.30 pm, the petitioners herein entered into his house, broken the room doors and beaten up his son Kenrik Taba and daughter-in-law with the weapons and tried to kill both of them within a minute, ran away totally broken the Alto Car. On receipt of the said complaint, a case vide
The main legal point established in the judgment is that heinous and serious offences, such as those under Sections 498A and 304B of the Indian Penal Code, should not be quashed based on a settlement....
The High Court cannot quash criminal proceedings for serious offences like abetment of suicide based on a settlement, as such crimes impact society and require trial.
The main legal point established in the judgment is that the court has inherent power to quash criminal proceedings, even in non-compoundable cases, based on genuine compromises, considering the natu....
Offences under Section 307 IPC are serious and heinous, lacking the possibility of being quashed based on private compromise. Hence, societal interest in prosecuting such crimes prevails.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure ends of justice.
The court upheld that FIRs in non-heinous offences can be quashed if there is an amicable settlement between the parties, particularly when the case involves family relationships and no societal harm....
The main legal point established in the judgment is the distinction between the power to quash criminal proceedings under Section 482 of the Code of Criminal Procedure and the power to compound offen....
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