IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
AJAY KUMAR MITTAL, J.
Anil Kumar Khanal - Appellant
Versus
State of Meghalaya and Ors. - Respondents
Crl. Petn. No. 29 of 2019
Decided On : 09-10-2019
Section 482 - Quashing of Criminal Proceedings - Indian Penal Code - 498A, 324 - [SUMMARY OF ACTS AND SECTIONS REFERENCED: Indian Penal Code - Sections 498A, 324; Code of Criminal Procedure - Section 482] - The court discussed the principles laid down in Narinder Singh's case (supra) and applied them to the present case. It emphasized that the power under Section 482 of the Code is to be exercised sparingly and with caution, and highlighted the factors to be considered when quashing criminal proceedings based on settlement between the parties. The court also examined the nature of the offense, the willingness of the complainant to withdraw the case, and the amicable settlement between the parties before quashing the FIR and related proceedings.
Fact of the Case:
The respondent lodged an FIR against the petitioner under Sections 498A/324 IPC. Subsequently, the parties settled their differences and the respondent no longer wished to pursue the case. The petitioner sought quashing of the FIR and related proceedings.
Finding of the Court:
The court found that the case was a fit for quashing the FIR and related proceedings based on the settlement between the parties and the nature of the offense.
Issues: The main issue was whether the FIR and related proceedings should be quashed based on the settlement between the parties and the nature of the offense.
Ratio Decidendi: The court applied the principles laid down in Narinder Singh's case (supra) and considered the willingness of the complainant to withdraw the case, the nature of the offense, and the amicable settlement between the parties before quashing the FIR and related proceedings.
Final Decision: The court quashed the FIR under Section 498A/324 IPC dated 03.05.2019 and G.R. Case No. 62 (S) 2019 in Laitumkhrah P.S. Case No. 62(5) 2019.
ORDER :
Ajay Kumar Mittal, J.
1. This is an application under Section 482 of the Code of Criminal Procedure (Cr.P.C.) for quashing of criminal proceedings in G.R. Case No. 62(S) 2019 in Laitumkhrah P.S. Case No. 62(5) 2019 registered under Sections 498A/324 of the Indian Penal Code (IPC) pending in the Court of Judicial Magistrate First Class at Shillong.
2. Brief facts may be noticed.
3. According to the petitioner on 03.05.2019, the respondent No. 4-complainant lodged an FIR against him before the Officer-in-Charge, Laitumkhrah Police Station based on mistaken notion of fact. Thereafter, a case was registered as Laitumkhrah P.S. Case No. 62(5) 2019 under Sections 498A/324 IPC and the petitioner was arrested. According to the petitioner, the entire episode was the outcome of some differences between him and respondent No. 4 but after the intervention of relatives and friends, the respondent No. 4 out of free will on 16.05.2019 had filed an application for withdrawal of the FIR dated 03.05.2019 which was not accepted by the Officer-in-Charge, Laitumkhrah Police Station stating that the same shall have to be filed before the Court. In the month of May 2019, the petitioner had moved an application under Section 439 Cr.P.C. before the Court of District and Sessions Judge, Shillong for releasing him on bail which was allowed.
4. Petitioner claims that in spite of the fact that the respondent No. 4 had filed a letter for withdrawal of FIR dated 03.05.2019, the Investigating Officer charge-sheeted the case and forwarded to the Court of District and Sessions Judge, Shillong who on receipt of the same endorsed to the Judicial Magistrate First Class for trial which is still pending. Both the parties have now settled all the differences and issues between them and are presently living together, as such, no prejudice would be caused.
5. The matter has been amicably settled between them and also the respondent No. 4/complainant does not want to pursue with the matter any further as such continuance of G.R. Case No. 62 (S) 2019 in Laitumkhrah P.S. Case No. 62(5) 2019 under Sections 498A/324 IPC would not serve any purpose. Hence, the present petition for quashing the FIR under Section 498A/324 IPC dated 03.05.2019 and also G.R. Case No. 62 (S) 2019.
6. Learned counsel for the parties state that the petitioner and respondent No. 4/complainant have filed their respective affidavits bringing on record the settlement arrived at between them.
7. In the case of Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466, the Apex Court therein has laid down broad principles and guidelines for quashing of FIR on the basis of settlement between the parties. It has also laid down that quashment of the proceedings depends on facts and circumstances of each case.
8. The broad principles enumerated in Narinder Singh's case (supra) are as under:-
29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any Court.
While exercising th
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