Back
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Sorang Yapong and Anr. Wife of Shri Sorang Takap – Appellant
Versus
State of AP represented by the PP of AP – Respondent
JUDGMENT & ORDER :
ANJAN MONI KALITA, J.
Heard Mr. T. Gyatso, learned counsel appearing on behalf of the petitioners. Also heard Ms. L. Hage, learned Additional P.P. representing the State.
2. The instant petition has been filed jointly by the petitioners, under Section 528 of the BNSS , 2023, praying for quashing and setting aside of the Charge-sheet No. 31/2020 dated 01.07.2020, arising out of GR Case No. 360/2020 in connection with Itanagar Women P.S. Case No. 45/2020 dated 18.06.2020 and the subsequent charges framed under Section 354C/448 of the IPC .
3. An FIR was lodged on 18.06.2020, before the Officer-In-Charge, Itanagar Women Police Station by one Smti. Sorang Yapong (the petitioner no. 1), alleging that one Shri Phuntso Dondu (petitioner no. 2), who was serving as a constable at 3rd IRBN had broke into her house situated near Doordarshan Colony, Golo Tinali, Itanagar with the intention to rape her and murder her.
4. On receipt of the FIR, a case was registered against the petitioner no. 2, vide Itanagar Women P.S. Case No. 45/2020 dated 18.06.2020, registered under the aforementioned sections.
5. After completion of the investigation, the police submitted the Charge-sheet No.
The High Court can quash non-compoundable charges if the parties amicably resolve their dispute, as the likelihood of conviction is low and the proceeding would be futile.
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The High Court may quash non-compoundable criminal proceedings if the parties have settled their disputes amicably, especially when the continuation of the trial would be futile and overly burdensome....
High Court can quash non-compoundable FIRs under Section 482 when parties reach amicable settlements, preserving justice and avoiding abuse of process.
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
