Settlement between parties can justify quashing criminal proceedings under Section 482 if the allegations are predominantly civil and the possibility of conviction is minimal.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. N. Ahmed, learned counsel for the petitioner as well as Mr. R.A. Ahmed, learned counsel for respondent no.2. and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.

2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners, namely, 1. Shahidur Rahman @ Shahidul Ali, 2. Mirzan Ali @ Mizanur Ali and 3. Fuljan Nessa, for quashing the impugned Charge-Sheet No. 304/2021, dated 31.10.2021, arising out of Sarthebari P.S Case No.472/2018 (PRC Case No. 1470/2022), under Sections 447/366(A)/376/511/34 of the Indian Penal Code, pending before the Court of learned Chief Judicial Magistrate, Barpeta, Assam.

3. The brief facts of the case are that on 07/10/2018, an FIR was lodged by one Siraj Ali, resident of Helcharpam, Police Station, Sarthebari, in the District of Barpeta, Assam, stating inter alia that one month ago from the date of lodging the first information report, his minor daughter namely Hasina Khatun (17 Years) was forcefully taken by the FIR named accused No. 3 from Helcharpam Government Road at 4 PM and she was kept at their house. Subsequently she was recovered. Again on 07/10/2018, at around 9 AM in the morning, the accused No. 1 and 2 came in a motorcycle and when they were about to take his daughter away by force, the neighbours resisted them. Then the accused No. 1 fled away in the motorcycle and the accused No. 2 was detained by them. Hence, he lodged the FIR.

4. After receiving the FIR, a case was registered against them being the Sarthebari P.S. Case No. 472/2018 under Sections 447/366(A)/511/34 IPC in connection with the above stated case.

5. After the said FIR was registered, the police investigated the case and the charge sheet was laid vide No. 304/2021 dated 31/10/2021, before the learned CJM, Barpeta, under Sections 447/366/511/34 IPC against the petitioners and the same has been registered as PRC No. 1470/2022 and notice to the accused/petitioners have been issued but the case is still in the stage of appearance.

6. The learned counsel for the petitioners submits that the informant had lodged the said FIR in a fit of rage as there was a family dispute between the family of the informant and the accused persons and after lodging the FIR the informant had realized that the continuation of case would only deteriorate the relationship between the two families and same will be harmful for both the families. Therefore, the informant had discussed the matter with the family of the accused and subsequently a compromise has been reached between the two families whereby the informant has voluntarily agreed to withdraw the case registered as Sarthebari P.S. Case No. 472/2018 filed against the accused persons and decided not to proceed further with the PRC No. 1470/2022.

7. The learned counsel for the petitioners submits that the victim girl has also got married and she has also agreed not to proceed with the said case considering her married life to progress without any problem.

8. Mr. Ahmed, learned counsel for the petitioners, has submitted that the allegation made in the F.I.R., though criminal in nature, but it is predominantly civil in nature and both the parties have already resolved their disputes by executing an affidavit after the village meeting and accordingly, on the basis of the said compromise,