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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, (ITANAGAR BENCH)
KARDAK ETE, J.
Karken Likar, S/o. Late Jikar Likar and Anr. – Petitioners
Versus
The State Of A.P., through the Public Prosecutor – Respondent
Crl. Petn. No.178 Of 2023
Decided On : 20-03-2024
Section 482 - Quashment of Criminal Proceedings - Indian Penal Code, Sections 380/506/384 - The court invoked its inherent power under Section 482 of the CrPC to quash the criminal proceedings based on the settlement between the parties, who were real brothers, and their mother. The court considered the private nature of the dispute and the amicable settlement among the family members, leading to the decision to maintain a cordial relationship.
Fact of the Case:
The petitioner No.1 filed an FIR against petitioner No.2, alleging drug addiction, property theft, and torture of their mother. The petitioners settled the matter amicably and sought quashment of the criminal proceedings.
Finding of the Court:
The court found that the dispute was predominantly private, involving the petitioners and their mother, and that the settlement indicated a desire to maintain a peaceful family life. It concluded that the chances of conviction were remote and quashed the criminal proceedings.
Issues: The issues involved the alleged drug addiction, property theft, and torture of the mother by petitioner No.2, and the subsequent settlement between the parties.
Ratio Decidendi: The court considered the private nature of the dispute, the settlement among family members, and the remote chances of conviction in reaching its decision to quash the criminal proceedings.
Final Decision: The Criminal Proceeding in G.R. Case No.105/2022, under Section 380/506/384 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate, Aalo, was quashed.
JUDGMENT :
Heard Mr. B. Kamdak, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Addl. Public Prosecutor for the State of Arunachal Pradesh.
2. This petition under Section 482 of the CrPC, 1973 is filed by the petitioners seeking quashment of the Criminal Proceedings of G.R. Case No.105/2022, under Section 380/506/384 of the Indian Penal Code, corresponding to Aalo P.S. Case/FIR No.50/2022, pending before the learned Chief Judicial Magistrate, Aalo, on the basis of the settlement between the petitioners.
3. The case of the Petitioner, in nut shell, is that the petitioner No.1 Sri Karken Likar has filed on FIR on 16.09.2022 against the petitioner No.2 Sri Karku Likar alleging that the petitioner No.2 is a drug addict and many cases are pending against him. The petitioner No.2 keep on demanding money for purchasing drug, as he is an addict and a unemployed spoiled person and in order to meet his desire of consumption of drugs, he is constantly torturing their mother and there is a likelihood of killing their mother, as the petitioner No.2 has demanded Rs.70,000/-. Therefore, there is a risk of life of the family members. The details of the stolen cash as well as other articles have been also mentioned in the said FIR.
4. On receipt of the FIR, a case was registered being Aalo P.S. Case No.50/2022, under Sections 380/506/384 of the Indian Penal Code against the petitioner No.2. During the course of investigation, the petitioner No.2 was arrested and subsequently released on bail, wherein the mother of the petitioners was the bailor. On completion of the investigation, the charge sheet was laid on 18.01.2023, under Sections 380/506/384 of the Indian Penal Code. The learned Trial Court has framed the charges against the petitioner No.2 and it is stated that the case is at the stage of examination of prosecution witnesses.
5. Mr. B. Kamdak, learned counsel for the petitioners submits that the FIR was filed due to disturbance created by the petitioner No.2, against the family members, as he used to sold off the properties of the family, without consent of other family members. The two petitioners are brothers. During the pendency of the criminal proceedings, the petitioners have realized that the complaint was made out of anger against the petitioner No.2. Therefore, they have settled the matter amongst the petitioner No.1 and petitioner No.2 and their mother Smti. Sogi Likar. Mr. Kamdak, the learned counsel further submits that since the matter has been amicably settled, between the brothers along with their mother, the continuance of the criminal proceedings may be an abuse of the process of law. Therefore, he submits that the criminal proceedings, pending before the learned Chief Judicial Magistrate, Aalo may be quashed, as the petitioners have entered into an agreement, being the real brothers and decided to maintain peaceful family life and they would look after their mother.
6. On the other hand, Ms. L. Hage, learned Addl. Public Prosecutor for the State submits that as per the records, the petitioner No.2 is a drug addict and he appears to be a habitual offender and as such quashing of the criminal proceeding may not be in the interest of justice, as the menace of drug is against the society. Therefore, she submits that this is not a fit case to be quashed by invoking the inherent power of this Court under Section 482 of the Cr.P.C.
7. Due consideration has been extended to the submissions of learned counsel for the parties and also examined the Trial Court Record.
8. Undisputedly, the petitioners are the real brothers. It is seen that the FIR was filed alleging that the petitioner No.2 has created disturbance and also alleging to have tortured the mother of the petitioners. On careful perusal of the record, it reveals that though the allegation of theft and criminal intimidation was alleged against the petitioner No.2, in fact the real act was of torture against the mother of the petitioner Nos.1 & 2, by petitione
The court can invoke its inherent power under Section 482 of the CrPC to quash criminal proceedings for non-compoundable offences of a predominantly private nature, especially when the parties have r....
The power to quash criminal proceedings can be exercised when there is a settlement in private nature cases, and the continuance of the proceedings would be futile.
The court can quash criminal proceedings under Section 482 of the Cr.P.C., 1973, when the parties have settled the dispute and the nature of the offense is not heinous or has a serious impact on soci....
It is also relevant to consider as to what is stage of the proceedings - It has been observed that if an application is made at a belated stage wherein the evidence has been led and the matter is at ....
The main legal point established is that the power under Section 482 of the Cr.P.C. 1973 can be invoked to quash criminal proceedings for non-compoundable offences of a civil nature, particularly tho....
The court can quash criminal proceedings under Section 482 Cr.P.C. when parties have mutually settled their disputes, especially in familial contexts, to prevent abuse of the legal process.
The court can exercise its power under Section 482 of the Code of Criminal Procedure to quash criminal proceedings when parties have reached a settlement and the possibility of conviction is remote.
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