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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Mitali Thakuria
Krishna Dey, S/o Pronoy Dey – Appellant
Versus
State of Assam Rep. By The PP, Assam – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. P. Das, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. R. Islam, learned counsel appearing on behalf of the respondent Nos. 2 & 3.
2. This is an application under Section 482 of Cr.P.C for quashing of the FIR lodged by the informant/respondent No. 2, which is registered under Goalpara Police Station under Sections 420 /406 of the INDIAN PENAL CODE , 1860, corresponding to G.R. Case No. 1088/2021 along with Charge-Sheet No. 232/2021 dated 30.11.2021 and also prayed for quashing of the criminal proceeding pending before the Court of Additional Chief Judicial Magistrate, Goalpara.
3. The case of the petitioner, in brief is that, he is a businessman by profession who deals with bulk supply of locally made brooms to different parts of the State of Assam. However, to his utter surprise, he had found that on 22.05.2021, an FIR was lodged by the informant/respondent No. 2, stating inter-alia, that he had a joint family business under the name and style of “Farjana Enterprise” dealing with broomsticks (Jharu). On 09.04.2021, one Shri Sanjib Saha, son of late N
The allegations in the FIR establish a prima facie case under Sections 406 and 420 IPC, justifying the continuation of criminal proceedings despite intertwining civil aspects.
The court ruled that allegations in the FIR did not constitute a criminal offence, characterizing the matter as a civil dispute, allowing quashing under Section 482 of the CrPC.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
The court emphasized the limited circumstances in which an FIR/complaint can be quashed, as per the principles laid down by the Hon'ble Apex Court.
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The court upheld the FIR against the petitioner, ruling that sufficient allegations existed to constitute cognizable offences, and the truth of these allegations could not be evaluated at the quashin....
The central legal point established in the judgment is the requirement for specific allegations justifying investigation, the caution against interfering with ongoing investigations, and the need for....
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