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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KAUSHIK GOSWAMI
Sheikh Noor Iman Mukhtar Son of Late Sheikh Nur Mahammad – Appellant
Versus
State of Assam, represented by P. P. Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. N. Mahajan, learned counsel appearing for the petitioners. Also heard Mr. L. K. Bora, learned counsel appearing for the informant/respondent No. 2 and Ms. A. Begum, learned Additional Public Prosecutor appearing for the state respondent.
2. By way of this petition under Section 482 / 397/ 401 of Cr.P.C, the petitioner is seeking quashing of the FIR dated 06.07.2019 pertaining to Bhangagarh PS Case No. 243/2019 registered under Section 294 / 323/ 511 of IPC . Pertinent that by order dated 31.07.2019 proceedings in connection with the said FIR was stayed until further orders by way of an interim protection.
3. The brief facts of the case are that on 06.07.2019 one Seikh Noor Iman Mukhtar (respondent No. 2) lodged an FIR before the Officer-in-Charge of Bhangagarh Police Station, stating, inter alia, that on last 05.07.2019 at about 5.30 PM when two police personnel came and called him and his manager outside, the petitioner rebuked and threatened them of assaulting and cutting. Upon receipt of the same, the said case was registered.
4. The informant/respondent No. 2 is the elder brother of the petitioner No. 1 and they reside in the adjacent bui
The FIR was quashed as it did not disclose any cognizable offence, highlighting the significance of preventing abuse of court processes in cases rooted in personal disputes.
The main legal point established in the judgment is that the continuance of an FIR and investigation can be considered an abuse of process of law, and the court has the power to quash such proceeding....
The court held that specific allegations of assault and trespass in the FIR constituted cognizable offences, thus not warranting quashing.
The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.
The court has the power to quash a criminal proceeding based on a compromise between the parties, considering the nature and gravity of the crime, the relationship between the parties, and the possib....
The court emphasized the need to secure the ends of justice and prevent abuse of the court's process while exercising the power under Section 482 CrPC.
An FIR cannot be quashed if the allegations, taken at face value, indicate the commission of cognizable offences, and the court cannot assess their truthfulness at this stage.
The court has the inherent power under Section 482 to quash criminal proceedings based on a settlement between the parties, with the aim of achieving substantial justice and preventing abuse of the c....
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