JUDGMENT :

Heard Ms. R. Choudhury, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. This joint petition, under Section 482 of the Cr.P.C., is preferred by the petitioners namely, Sukinath Bhowmik [petitioner No. 1] and Mozibar Rahman [petitioner No. 2] for quashing the FIR dated 02.07.2022, in connection with Bongaigaon PS Case No. 305/2022, under Sections 384/511 of the IPC.

3. The background facts leading to filing of the present petition, is adumbrated herein below :-

“One Sukinath Bhowmik of Chowraguri under Bongaigaon P.S., lodged a complaint on 29.06.2022, with the Superintendent of Police, Bongaigaon alleging inter-alia amongst others that one of his relatives namely, Daniram Sarkar of Chowraguri, suffered demise in thunderstorm on 02.07.2020. With a view to claim the death benefit of one LIC Policy, standing in the name of deceased Daniram Sarkar, the family members of Daniram Sarkar required to file the copy of FIR and police report, regarding the death of Daniram Sarkar and accordingly, on 23.06.2022, the informant -Sukinath Bhowmik and Smti. Phulmala Sarkar the wife of Late Daniram Sarkar, went to the Bongaigaon Sadar Police Station to collect the aforesaid documents. And when the requirement of the FIR and the Final Report was reported at the Police Station, one Police Personnel namely, Mozibur Rahman (UBC) had demanded a sum of Rs. 10,000/-as bribe and on that day the documents were not provided to them, as they could not manage money and they have returned back. Thereafter, on 27.06.2022, he along with one Rajkumar Sarkar of the same village, again went to the Bongaigaon Police Station and requested the said Police Personnel on behalf of the poor family to provide the aforesaid documents, but the said Police Personnel again refused to provide the documents without money. Thereafter, Sukinath Bhowmik had lodged one complaint with the Superintendent of Police, Bongaigaon, who, in turn, forwarded the same to the Officer in Charge of Bongaigaon P.S., 02.07.2022, for necessary action. Thereafter, the Officer In-Charge of Bongaigaon Police Station endorsed SI Sukesh Ghosh of New Bongaigaon P.P. to ascertain the correctness of the allegation made in the aforesaid complaint and on preliminary enquiry the said S.I. had found the same to be true. Then the Officer In-Charge of Bongaigaon Police Station, registered a case, being Bongaigaon P.S. Case No. 305/2022, under Sections 384/511 of the IPC and arrested the petitioner No. 2 and forwarded him to the court, and thereafter carried out investigation, which is still going on. In the meantime, the petitioner No. 2 had effected a compromise came into a compromise with the petitioner No. 1 and thereafter both of them have approach this Court by filing the present petition for quashing the Bongaigaon PS Case No. 305/2022, under Sections 384/511 of the IPC.”

4. Ms. Choudhury, learned counsel for the petitioner submits that this petition is jointly preferred by the informant and the accused and the matter has already been settled amicably between the parties and it was lodged due to misunderstanding between the parties and therefore, it is contended to allow the petition, by quashing the FIR of Bongaigaon PS Case No. 305/2022, under Sections 384/511 of the IPC. Ms. Chaudhury has also referred to a decision of Hon’ble Supreme Court in the case of State of Haryana vs. Bhajan Lal, reported in 1990 SCR Supl. (3) 259, to contend that the ration laid down in the said case squarely covered the case of the petitioners.

5. On the other hand, Mr. P. Borthakur, learned Addl. P.P. has produced the case diary before this Court and submits that at the relevant time the petitioner No. 2 was serving at Bongaigaon Police Station and he has demanded a sum of Rs. 10,000/-from the petitioner No. 1 for providing FIR and Final Report, in respect of demise of one Daniram Sarkar in thunderstorm on 02.07.2020, which was required for th