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MITALI THAKURIA
Afsarul Islam – Appellant
Versus
State Of Assam – Respondent
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 w
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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