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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA, J.
Afsarul Islam And Anr – Appellants
Versus
The State Of Assam – Respondents
Crl.Pet. 1030 of 2023
Decided on : 17-05-2024
POCSO Act - Criminal Procedure - Section 376/313 IPC, Section 6 of the POCSO Act - The court discussed the allegations of sexual exploitation and abortion of a minor girl, the settlement between the parties, and the mental agony faced by the victim and the informant due to the pending criminal proceeding. The court invoked its power under Section 482 of the Code of Criminal Procedure to quash the criminal proceeding.
Fact of the Case:
The case involved allegations of sexual exploitation and abortion of a minor girl. The victim's mother lodged an FIR, but later both parties settled the matter, and the victim got married to another person.
Finding of the Court:
The court found that the matter had been settled between the parties, and the victim and the informant were facing mental agony due to the pending criminal proceeding, which could affect the victim's married life.
Issues: The main issue was whether the court should quash the criminal proceeding in light of the settlement between the parties and the mental agony faced by the victim and the informant.
Ratio Decidendi: The court invoked its power under Section 482 of the Code of Criminal Procedure, considering the settlement between the parties and the mental agony faced by the victim and the informant, and quashed the criminal proceeding.
Final Decision: The court allowed the petition and set aside and quashed the FIR, Charge-Sheet, and the subsequent criminal proceeding pending before the Court of learned Assistant Session Judge.
JUDGMENT :
Heard Mr. N. J. Dutta, learned counsel for the petitioners. Also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. R. A. Ahmed, learned counsel for the respondent No. 2/informant.
2. This is an application under Section 482 of the Code of Criminal Procedure for quashing the impugned Charge-Sheet No. 64/2021, dated 08.07.2021, arising out of Bagribari P.S. Case No. 91/2021, under Sections 376/313 of the Indian Penal Code read with Section 6 of the POCSO Act, and the subsequent criminal proceeding in Sessions Trial No. T.2/11/2023 (GR Case No. 733/2021), pending before the Court of learned Assistant Session Judge, Kokrajhar.
3. In brief, the case of the petitioner is that on 16.06.2021, one Shajida Khatun lodged an F.I.R. before the Bagribari Police Station, Mahamaya, Assam alleging interalia that her minor daughter (name withheld) was working as maid servant in the house of one Sontosh Ali in village Kathalbari. During that period, the accused/petitioner No. 1-Afsarul Islam developed love relationship with the victim daughter of the informant for last 2 (two) years and he also promised to marry her and had sexual intercourse with the victim girl for several occasion as a result of which, the victim got pregnant. Upon receipt of the said F.I.R., the Officer-In-Charge, Bagribari Police Station registered a case, being Bagribari P.S. Case No. 91/2021, under Section 376/313 IPC readwith Section 6 of the POCSO Act, and investigated the matter. On completion of investigation, the police submitted Charge-Sheet vide Charge-Sheet No. 64/2021, dated 08.07.2021, against the accused/petitioners under Sections 376/313 IPC.
4. It is stated that though initially Section 6 of the POCSO Act was also registered, along with other Sections, but subsequently after investigation of this case, police filed Charge-Sheet against the present accused/petitioner under Section 376/313 IPC and dropped Section 6 of the POCSO Act. The case was accordingly committed before the learned Session Judge, Kokrajhar, which was accordingly registered as Sessions Case No. T.2/11/2023 (GR Case No. 733/2021) and accordingly, on 15.02.2023, the learned Assistant Session Judge, Kokrajhar framed charges against the present accused/petitioner No. 1 under Sections 376/313 IPC and against the accused/petitioner No. 2 under Section 313 IPC.
5. After framing of the charges, the learned Assistant Session Judge, Kokrajhar issued summons to the witness No. 1 (informant) and witness No. 2 (victim) fixing 15.06.2023 for evidence. But both the witness did not turn up as they are not interested to proceed with the case.
6. It is further stated that the informant and the victim girl are the relatives of the accused persons, but due to their financial hardship, the petitioners family gave shelter to the victim girl on their request and she was staying in their house for last 5 (five) years. But, subsequently, the victim tried to attract accused/petitioner No. 1 physically as her main intention was to marry the accused/petitioner No. 1. But, when she could not successful in her attempt, she along with her mother (informant), lodged the false and concocted case against the accused/petitioners.
7. It is further stated that though the summons were received by the informant and the victim, they did not appear before the learned Court below as the victim already got married with one Abu Bakkar Ali on 05.08.2023 and since then, they are living their married life peacefully. But, due to pendency of the present case, both the victim and the informant are facing some problem as it may hamper the marital life of the victim and for this reason only, the victim decided not to proceed with the case for the sake of her marital life. Rather, she is facing mental agony due to pendency of the case against the accused/petitioners. More so, both the victim and the informant tendered their unconditional apology regarding the incident that took place on 16.
Settlement between parties can justify quashing criminal proceedings under Section 482 if the allegations are predominantly civil and the possibility of conviction is minimal.
The court can exercise its inherent power under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences based on the settlement between the parties, to secure the ends of just....
The main legal point established in the judgment is that the quashing of criminal proceedings based on compromise between the parties should be considered in light of the nature and gravity of the of....
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
High courts cannot invoke inherent powers to quash criminal proceedings for heinous, non-compoundable offences, such as sexual assault against a minor, merely on the basis of a private compromise or ....
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....
The main legal point established in the judgment is that the High Court has the inherent power to quash criminal proceedings when the parties have settled their disputes, provided that the possibilit....
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
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