Md. Arif Ashan Uddin @ Md. Arif Khan @ Niku and Anr v. The State of Assam

PageoNo.#o1/4 GAHC010163072023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./751/2023o MD.oARIFoASHANoUDDINo@oMD.oARIFoKHANo@oNIKUoANDoANRo S/OoIDMAToALIo R/OoDALBARIo,oSALMARIoMIKIRoGAONo DIST.oMORIGAON,oASSAMo PIN-782104 2:oMASUMAoYESMIN oD/OoNURoHUSSAINo R/OoDALBARI oSALMARIoMIKIRoGAONo DIST.oMORIGAON oASSAMo PIN-78210o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oIoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

13.06.2024

Heard Mr. R.N. Chutia, the learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 482 of the CrPC praying for quashing the charge sheet that was filed in respect of Sessions Case No.135/2023 (under Sections 376/366/511 of the IPC) pending in the court of Sessions Judge, Morigaon.

¶3The informant girl had lodged an FIR on 25.01.2020, whereby she alleged that the present petitioner no.1 had made obscene videos involving herself and threatened to make them viral on social media. She, further alleged that after that, the petitioner had committed rape upon her.

¶4On receipt of complaint, police made an investigation and filed the charge sheet against the present petitioner no.1.

¶5Now, the said girl and the present petitioner no.1 have jointly field an affidavit in this court and stated that they have married on 04.08.2023 according to Islamic religious rituals. Both of them have jointly submitted that the prayer of the petitioner no.1 should be granted.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7The guidelines for exercising the power under Section 482 of the CrPC has been laid down by the Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335:AIR 1992 SC 604. Paragraph 102 of this judgment is quoted as under: "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories Page No.# 3/4 of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

¶8I am of the considered opinion that there is no possibility of future conviction in this case. Therefore, the prayer is allowed.

¶9The criminal proceeding of Sessions Case No.135/2023 (under Sections 376/366/511 of the IPC) pending in the court of Sessions Judge, Morigaon, is quashed and set aside.

Page No.# 4/4 The criminal petition stands disposed of accordingly.

JUDGE Comparing Assistant