Tarun Kumar Singh @ Tarun Singh and Anr v. The State of Assam and Anr

PageoNo.#o1/4 GAHC010273932018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1271/2018o TARUNoKUMARoSINGHo@oTARUNoSINGHoANDoANR.o S/OoLT.oSUKHDYoSINGH,oC/OoDULANoSAHA,oVILLAGEoBAGBARoPOo DUWARBOND,oPSoSILCHAR,oDIST.oCACHAR,oASSAM 2:oADITIoBHATTACHARJEE oD/OoASHIToBHATTACARJEE oVILLAGEoGAGLACHERRAT.E.oPOoANDoPSoLALA oDIST.oHAILAKANDI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REP.oBYoPP,oASSAM 2:ASHIToBHATTACHAJEE oS/OoAMARoBHATTACARJEE oVILLAGEoGAGLACHERRAT.E.oPOoANDoPSoLALA oDIST.oHAILAKANDI oASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoMoBARBHUIYAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRo

19.06.2023o Heard Mr. A.M. Borbhuiya, learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor, Assam representing the respondent no.1. Heard Ms. A. Begum, learned counsel representing respondent Page No.# 2/4 no.2.

¶2This is an application under Section 482 of the CrPC praying for quashing the criminal proceeding of G.R. Case No.1562/2014 arising out of Lala P.S. Case No.363/2014 under Sections 341/366-A/354/376, read with Section 511 of the Indian Penal Code.

¶3It is alleged in the FIR that on the day of occurrence, the petitioners had kidnapped the 15 years old daughter of the informant. It is further alleged that the girl was taken to a dark house where the petitioner no.1 Tarun Kr. Singh attempted to commit rape upon her. It is clarified that the girl somehow saved herself and managed to escape.

¶4Thereafter, the informant and Tarun Kr. Singh compromised the case and they jointly filed the application before the Officer-in-Charge of Lala Police Station praying to drop the proceeding.

¶5Finally, the police did not act upon that petition and charge sheet was filed accordingly.

¶6Now, the informant has filed an affidavit in this Court stating that the entire case came into being because of misunderstanding of facts as he had fallen a victim to misinformation. He has stated in his affidavit that it is the reason why on 07.09.2015 they filed an application before the Officer-in-charge of Lala Police Station requesting him to drop the proceeding. The informant has reiterated that the matter has been amicably settled between the parties.

¶7I have considered the submissions made by the learned counsels of both sides.

¶8The power under Section 482 of the CrPC is the inherent power of the High Court for preventing the abuse of the process of the Court. The guidelines for exercising power under Section 482 of the CrPC are laid down by the Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. The relevant paragraph is quoted as under:

"102. In the backdrop of the interpretation of the various relevant provisions of the Page No.# 3/4 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 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 Page No.# 4/4 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."

¶9Reverting to the case in hand, I find that there is no possibility of future conviction in this case. Thus, allowing the criminal proceeding to continue before the trial court, would be an abuse of the process of the court. This is a fit case for exercising the power under Section 482 of the CrPC. Accordingly, the criminal proceeding of G.R. Case No.1562/2014 arising out of Lala P.S. Case No.363/2014 under Sections 341/366-A/354/376 read with Section 511 of the Indian Penal Code, is quashed and disposed of.

JUDGE Comparing Assistant