Kumar Tajo and Anr v. The State of Ap

Page No.# 1/4 GAHC040001892024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./17/2024 Kumar Tajo and Anr Son of Late Sampa Tajo, resident of Polo Colony, Naharlagun, PO Naharlagun, Papumpare District, Arunachal Pradesh 2: Yanga Paktung Age: Occupation VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Rajesh Sonar Advocate for the Respondent : P P of AP

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

11.03.2024

Heard the learned counsel Mr. R. Sonar appearing for the petitioners. Also heard Mr. J. Tsering, the learned Public Prosecutor representing the State of Arunachal Pradesh. Page No.# 2/4

¶2This is a joint application filed by the petitioners under Section 482 of the CrPC praying for quashing and setting aside the charge sheet being C.S. No.62/2016, under Sections 341, 376(1), 506 and 323 of the Indian Penal Code arising out of ITA. Women P.S. Case No.06/2016.

¶3The petitioner Smti. Yanga Paktung is the wife of Shri Kumar Tajo. In the FIR dated 29.01.2016, Smti. Yanga Paktung had stated that on

28.01.2016, her car was stopped by the petitioner Kumar Tajo. She stated that Kumar Tajo snatched away her car keys and forcibly drove her car towards Itanagar while she was still inside the car. She tried to resist Kumar Tajo but failed. He took the car towards Chimpu and then took her to a Hotel near Vivek Vihar. He booked a room in the said Hotel and took her inside the room. Thereafter, he forcibly undressed her and put his finger into her vagina.

¶4In the meantime, the relatives of Smti. Yanga Paktung arrived there and Kumar Tajo left the Hotel. Narrating the aforesaid facts, Smti. Yanga Paktung had lodged the FIR before police.

¶5Now, it is stated that Kumar Tajo has married Smti. Yanga Paktung. They claimed that they knew each other for the last five years and they had a romantic extra-marital relationship. They have jointly stated that on

28.01.2016, they went to the Hotel on their own to spend some time together. They have stated that family of Smti. Yanga Paktung was against her relationship with Kumar Tajo. Both of them have stated that they have already divorced their respective spouses and got married on

08.09.2022. Now, they are living happily.

¶6I have considered the submissions made by the learned counsels of Page No.# 3/4 both sides.

¶7The guidelines for quashing of the criminal proceeding has been laid down by the Hon'ble Supreme Court in State of Haryana and Ors. -versus-Bhajanlal and Ors., reported in AIR 1992 SC 604. Paragraph 102 of the said judgment is quoted hereunder: "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 channelized 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 Page No.# 4/4 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."

¶8In Bhajanlal (supra), the Supreme Court has cautioned that the power under Section 482 of the CrPC is to be sparingly used by the High Courts. The power under Section 482 of the CrPC is meant to prevent abuse of the process of the court.

¶9Coming back to the case in hand, I find that under the given facts and circumstances of the case, there is no possibility of future conviction in this case. Thus, it is a fit case for exercising the power under Section 482 of the CrPC.

¶10In view of the above, the charge sheet being C.S. No.62/2016, under Sections 341, 376(1), 506 and 323 of the Indian Penal Code arising out of ITA. Women P.S. Case No.06/2016, is set quashed and aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant