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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Aminul Hoque Alias Aminur Mirda, S/o. Mannat Ali Alias Mannat Ali Mirda – Appellant
Versus
State Of Assam, Represented By The Public Prosecutor, Assam – Respondent
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., representing for the State and Mr. R. A. Ahmed, learned counsel appearing for the respondent no. 2.
2. This is an application filed under Section 528 of the BNSS , 2023, praying for quashing the FIR, Charge-sheet and the entire proceedings of Sessions Case No. 52/2021 (GR Case No. 1207/2018, pending in the Court of learned Additional Sessions Judge, Bilasipara.
3. The respondent no. 2 (informant) had lodged an FIR before the Bilasipara Police Station on 17.07.2018, alleging, inter alia, that while her husband was not available in the house, the petitioner (accused no.1) often committed house trespass by entering into the house and committed rape on her several times against her will and threatened her not to disclose the matter before anyone; that on 15.07.2018, at about 11:30 PM, the petitioner committed house trespass again while her husband was not available in the house and forcefully raped her against her will; that local public caught the petitioner red handed and later on, the accused no. 2 as named in the FIR also trie
The High Court can quash FIRs in non-compoundable cases based on mutual settlements between parties if continuation of proceedings would lead to injustice and reflects personal disputes lacking socie....
The court may quash proceedings for non-compoundable offences where parties have amicably settled their disputes, and continuation of trial serves no realistic purpose.
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
In crimes which seriously endangers well being of society, it is not safe to leave crime doer only because he and victim have settled dispute amicably.
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,....
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
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