Point of Law : Power conferred under Section 482 of the Code to quash criminal proceedings for non-compoundable offences under Section 320 of Code can be exercised having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes.

JUDGMENT :

Heard Mr. C. W. Mantaw, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. This is an application, under Section 482 of the Cr.P.C, praying for quashing and setting aside the FIR dated 10.11.2014 filed by the petitioner No. 2 before the Officer-In-Charge, Tezu, Police Station which is registered as Tezu P.S. Case No. 103/2014, under Sections 468/420/161 IPC.

3. It is stated that the present petition has been filed jointly on the basis of amicable settlement having arrived at between both the parties. The petitioner No. 2 had lodged the FIR on 10.11.2014 before the Officer-In-Charge, Tezu, police Station, against the petitioner No. 1 alleging that in the month of August 2012, the petitioner No. 1 had taken an amount of Rs. 18,000/-(Rupees eighteen thousand) only from the petitioner No. 2 with a promise to provide a job to petitioner No. 2, but she failed to keep her promise and rather after two weeks from taking the loan the petitioner No. 1 issued a forged and fabricated class 10th pass certificate in the name of the petitioner No. 2 which is shown to have been issued by the Board of Secondary Education, Assam.

4. As the petitioner No. 1 failed to provide job to the petitioner No. 2, and hence, he asked her to return back the said amount of Rs. 18,000/-(Rupees eighteen thousand) only. However, the petitioner No. 1 declined to return the said amount and for which, the petitioner No. 2 lodged the FIR against the petitioner No. 1, which is accordingly registered under Section 468/420/161 IPC. On completion of the investigation, the police submitted the charge-sheet, dated 09.03.2014, under Sections 468/420/161 IPC, against the petitioner No. 1, which is presently pending before the Court of learned CJM, Tezu, which is registered as G.R. Case No. 103/2014. At present the case is at the stage of consideration of charge.

5. But, subsequent to the registration of the FIR, the petitioner No. 2 had received an amount of Rs. 50,000/-(Rupees fifty thousand) from the petitioner No. 1 on 17.10.2015, as she failed to provide job to the petitioner No. 2 as per her promise. The amount of Rs. 32,000/-(Rupees thirty-two thousand) only is received by the petitioner No. 2 towards interest of Rs. 18,000/-(Rupees eighteen thousand) only. Accordingly, the money receipt was also acknowledged by the petitioner No. 2 and withdrawal application dated 17.10.2015 was also submitted by the petitioner No. 2 in the Court of learned JMFC, Tezu. As the Section 468 is non-compoundable offence and hence, both the petitioners have jointly filed the petition for quashing and setting aside the criminal proceeding along with the FIR and the Charge-Sheet.

6. Both the petitioners have amicably sorted out the issues and are living peacefully and maintaining cordial relationship with each other and hence, in such a situation further proceeding of the case would be an abuse of the process of law which would cause serious harm and prejudice to the petitioners and hence, the joint petition is filed by both the petitioners for setting aside and quashing the criminal proceeding by invoking the provision under Section 482 Cr.P.C.

7. It is further stated that the police had wrongly registered the case under Section 161 IPC, as the said Section has been repealed by the Prevention of Corruption Act, 1988 w.e.f. 09.09.1998. Further, it is stated that Section 468 IPC is also not attracted in the present case as no any legal injuries has been sustained by the petitioner No. 2, being the informant in the instant case. Simply an allegation of making a forged document in absence of any legal injury to any person or to the public would not constitute an offence of forgery as defined under Section 463 of the Code. Further, it requires that the forged document has been made to support any claim or title or to cause any person to part with property or to cause any person to enter into an express or imp