Wasim Farook Ali and 3 Ors v. The State of Assam

PageoNo.#o1/4 GAHC010168172024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1021/2024o WASIMoFAROOKoALIoANDo3oORSo S/OoFAROOKoALIo R/OoS.J.oROAD,oATHGAON,o P.S.oBHARALUMUKH,o DIST.oKAMRUPo(M),oASSAM 2:oMOHAMMADoSUMAIRoLASKARo@oSUMAIRoLASKAR oS/OoABDULoAZIMoLASKARo R/OoHOUSEoNO.o310 oHAMIDoBUILDINGoGMCHoROAD oBHANGAGARH oGUWAHATI-5. 3:oMOHAMMADoMAHIRoLASKARo@oMEHIRoLASKAR oS/OoABDULoAZIMoLASKARo R/OoHOUSEoNO.o310 oHAMIDoBUILDINGoGMCHoROAD oBHANGAGARH oGUWAHATI-5. 4:oSHAHNAZoSULTANAo@oSHAHNAZoSULTAN oW/OoMOHAMMADoSUMAIRoLASKARo@oSUMAIRoLASKARo R/OoHOUSEoNO.o310 oHAMIDoBUILDINGoGMCHoROAD o BHANGAGARH oGUWAHATI-o VERSUSo THEoSTATEoOFoASSAMo TOoBEoREP.oBYoTHEoPP,oASSAM Page No.# 2/4 Advocate for the Petitioner : MR. A M S MAZUMDER, Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

21.08.2024 Heard Mr. AMS Mazumder, the learned counsel appearing for the petitioners. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam representing the State.

¶2This an application under Section 528 of the BNSS, 2023 praying for quashing the PRC Case No.657/2023 arising out of Bhangagarh P.S. Case No.269/2022, registered under Sections 147 and 325 of the Indian Penal Code and the Charge Sheet No.107/2022 dated 28.09.2022 under Sections 341/294/323 of the Indian Penal Code read with Section 34 of the of the said Code pending in the court of learned Civil Judge (Jr. Division) No.4-cum-Judicial Magistrate First Class, Kamrup (M), Guwahati.

¶3The petitioner Wasim Farook Ali had lodged an FIR on 09.09.2022. He alleged that his relatives, namely-Sumair Laskar, Mahir Laskar and Shahnaz Sultana had physically assaulted him on that day. The informant has alleged that those persons were illegally occupying a shop room at Bhangagarh. They are already in a litigation. The informant has further alleged that his other relatives, namely-Md. Saban, Md. Zohair, Syeda Bubina and Syeda Nasrin came to rescue him. They were also physically harassed.

¶4After investigation, police filed the charge sheet accordingly.

¶5Now, the informant Wasim Farook Ali, Md. Sumair Laskar, Md. Mahir Laskar Page No.# 3/4 and Shahnaz Sultana have jointly come to this Court and filed the present petition stating that they have compromised their dispute on 29.07.2024 and they have already entered into a compromise deed. The said deed of compromise is available in the case record.

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

¶7The guidelines for consideration of a petition under Section 482 of the CrPC (now Section 528 of the BNSS, 2023 )has been laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads 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 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 Page No.# 4/4 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."

¶8Reverting to the case in hand, I find that under the given circumstances of the case, there is no possibility of future conviction in this case. So, allowing the criminal proceeding to continue before the trial court would be nothing but an abuse of the process of the court.

¶9This Court is of the opinion that this is a fit case for exercising power under Section 528 of the BNSS, 2023. The criminal petition is allowed.

¶10Accordingly, the PRC Case No.657/2023 arising out of Bhangagarh P.S. Case No.269/2022, registered under Sections 147 and 325 of the Indian Penal Code and the Charge Sheet No.107/2022 dated 28.09.2022 under Sections 341/294/323 of the Indian Penal Code read with Section 34 of the of the said Code pending in the court of learned Civil Judge (Jr. Division) No.4-cum-Judicial Magistrate First Class, Kamrup (M), Guwahati, are quashed and set aside. The criminal petition is disposed of accordingly.

JUDGE Comparing Assistant