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ROBIN PHUKAN
Umar Faruque @ Faruk Ali Son Of Abdulmutaleb – Appellant
Versus
State Of Assam – Respondent
JUDGEMENT AND ORDER :
Heard Mr. J.C. Borah, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
2. This petition, under Section 482 of the Code of Criminal Procedure, is preferred jointly by three petitioners, namely, (1) Umar Faruque @ Faruk Ali, (2) Abul Hussain and (3) Musstt. ‘X’ (name withheld), for quashing of the Criminal Proceeding, being G.R. Case No.34/2016 (corresponding to Bhelowguri P.S. Case No.04/2016), under section 366(A)/34 of the IPC, pending in the Court of learned Chief Judicial Magistrate, Morigaon. It is to be noted here that the aforementioned case has been lodged by one Abul Hussain on 08.01.2016.
3. The factual background leading to filing of the present petition is briefly stated as under:
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....
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
Consent and marriage of the victim as grounds for quashing FIR and proceedings
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
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