SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Gau) 435

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
KAKHETO SEMA, J.
Miss Bingam Hano, D/o Late Gobi Hano – Appellant
Versus
The State of Arunachal Pradesh – Respondent
Crl.Petn. 39 of 2023
Decided on : 26-04-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. T. T.Tara, Mr. D. Loyi, Mr. G.Bam, Mr. T. Kamchi
For the Respondent: Ms. T. Jini, Addl. P.P.

Headnote:

Indian Penal Code,1860 – Section 354/323/506 – Criminal Procedure Code,1973 - Section 482 – Offence of Assault or criminal force to women – Voluntarily causing hurt - Criminal intimidation – Charged - Petitioner No.1 and petitioner No.2 are in a live-in-relationship and resides at the parental home of petitioner No.2 - Petitioner No.1 bought an i-phone and requested petitioner No.2 to install required apps in new set - While installing required apps, the petitioner No.2 found that petitioner No.1 had transferred a sum of Rs.1000/-only to her former boyfriend - A quarrel accordingly arose between the petitioner No.1 & 2 and during which petitioner No.2, in a fit of rage, assaulted petitioner No.1 and also tore clothes worn by her – Held, Court is not supposed to go into merit of case while deciding petition under section 482 Cr. P.C, yet the findings of the I.O in charge-sheet itself reveals that case against petitioner No. 2 was instituted purely out of misunderstanding between petitioner No. 1 & 2 which was personal to them. - Court is of considered opinion that continuation of criminal proceeding against petitioner No.2 on basis of Charge-sheet dated would amount to an abuse of process of law- Offence charge against petitioner No.2 are not serious in nature showing extreme depravity nor are they against society - On other hand, acceptance of the compromise agreement between parties would bring peaceful and harmonious existence between two sides ushering in a peaceful relation between parties and their family members - Petition is allowed.

JUDGMENT :

Heard Mr. G. Bam, learned counsel for the petitioner and Ms. T. Jini, learned Addl. P.P for the State.

2. That the petition has been filed jointly by the petitioner No.1 (complainant/victim) and the petitioner No.2 (accused) invoking the inherent powers of this Court under section 482 of the Cr. P.C, 1973 for quashing and setting aside the Itanagar Women Police Station Charge-sheet No. 91/2022 dated 09/09/2022 u/s 354/323/506 IPC (corresponding to Itanagar W.P.S Case/FIR No. 93/2022 dated 03/08/2022 and the criminal proceedings pending before the learned Chief Judicial Magistrate, Yupia.

3. The fact of the case in brief is that the petitioner No.1 and the petitioner No.2 are in a live-in-relationship and resides at the parental home of the petitioner No.2 at Nyigam Colony, Naharlagun, Arunachal Pradesh. On 01/08/2022, the petitioner No.1 bought an i-phone and requested the petitioner No.2 to install the required apps in the new set. While installing the required apps, the petitioner No.2 found that the petitioner No.1 had transferred a sum of Rs.1000/-only to her former boyfriend. A quarrel accordingly arose between the petitioner No.1 & 2 and during which the petitioner No.2, in a fit of rage, assaulted the petitioner No.1 and also tore the clothes worn by her.

4. The petitioner No.1 accordingly lodged the FIR dated 03/08/2021 to the Officer-in-Charge, Women Police Station, Itanagar Papum Pare and consequent to which the Itanagar Women P.S Case No. 93/2022 dated 03/08/2022 was registered against the petitioner No.2 u/s 354/323/506 IPC. On completion of the investigation, the Itanagar Women Police submitted the Charge-sheet No. 93/2022 dated 09/09/2022 before the Court of the learned Chief Judicial Magistrate, Yupia and the case is at the stage of taking cognizance before the said court.

5. That on 09/03/2022 both the petitioner No.1 and the petitioner No.2, under the initiative of the elders of both the parties and their well-wishers have resolved to amicably settle their differences and to live together by maintaining their cordial relations and has accordingly executed the deed of settlement dated 09/03/2023. The relevant part of the agreement dated 09/03/2023 reads as follows;

    “1. That both the parties above named have amicably settle their relationship differences and misunderstanding.

2. That the second party does not have any grievances against the first party in relation to the above mentioned Itanagar Women Police Station Case No. 93/2022 which has been charge-sheeted u/s 323/354/506 of the Indian Penal Code, 1860.

3. That it is admitted by the 2nd party that the FIR was lodged due to the paranoiac state of mind and factured state of their relationship due to the domestic discord at that difficult period, however, after resolving their discord both the parties are happily living together.

4. That the 2nd party wishes to put an end to the above mentioned case, in order to ensure continued stability and non-disruption of their present relationship and future domestic life.

5. That the 2nd party undertakes and assures that she shall not pursue the Itanagar Women Police Station Case No. 93/2022 which has been charge-sheeted u/s 323/354/506 of the Indian Penal Code, 1860, against the 1st party.

6. That the 2nd party above named has no objection if any competent court exonerates or discharges or acquits the 1st party from his liabilities in the above mentioned case.

7. That the 2nd party also undertakes and assures that she will help the 1st party in any legal proceeding for getting dismissal or withdrawal of the above noted case before any appropriate court. .

8. That in view of the intervention of the family members and well-wishers both the parties above named have decided and settled their dispute amicably now and forever to live peacefully……”

6. Mr. G. Bam, the learned counsel for the petitioners submits that pursuant to the execution of the settlement dated 09/03/2023, both the parties are living peacefully under one ro

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon Back to top