Nabam Yadar and 2 Ors v. The State of Ap

Page No.# 1/4 GAHC040002742023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn. 30/2023 1:Nabam Yadar and 2 Ors. D/o Shri Nabam Talo, Permanent Resident of Village Emchi, PO/PS Yazali, Lower Subansiri District, Arunachal Pradesh. 2: Charu Akey @ Dakey S/o Charu Todu

Permanent Resident of Village Deguk PO/PS Palin District Kra Daadi and presently residing at Gandhi Market Itanagar P Sector PO/PS Itanagar Papum Pare District Arunachal Pradesh. 3: Gida Yaling W/o Techi Tapa

Permanent Resident of Village Khemir PO/PS Balijan District Papum Pare Arunachal Pradesh VERSUS 1:THE STATE OF AP Represented through Public Prosecutor.

Advocate for the Petitioner : Taba Tagum Page No.# 2/4 Advocate for the Respondent : P P of AP

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

23.03.2023

Heard Mr. T. Tagum, the learned counsel appearing for the petitioners. Also head Ms. T. Jini, the learned Public Prosecutor representing the State of Arunachal Pradesh.

¶2This is a joint application under Section 482 of the CrPC praying for quashing and setting aside the criminal proceeding of Session Case No.21/21 corresponding to Charge Sheet No.71/2021 dated 20.05.2021, Itanagar WPS Case No.85/2020 under Sections 376/341/342/506 of the Indian Penal Code.

¶3The petitioner Smti Nabam Yadar has alleged that the other petitioner Charu Akey @ Dakey had committed rape upon her. Nabam Yadar also alleged that on that day it was the third petitioner Smti Gida Yaling who actually took her to Itanagar and in a room there, the said occurrence took place.

¶4Both the petitioners, Nabam Yadar and Charu Akey @ Dakey have submitted that they are now married and they are blessed with a child also. Both of them submitted that they are living peacefully and enjoying their social life. Page No.# 3/4

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The 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 Page No.# 4/4 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."

¶7There is no doubt that the power under Section 482 of the CrPC is the inherent power of the High Court to prevent abuse of the process of the court. In this case, I do not see any possibility of future conviction. Under such circumstance, allowing the criminal proceeding to continue in the trial court, would be an abuse of the process of the court.

¶8Therefore, this is a fit case for exercising power under Section 482 of the CrPC. Accordingly, the criminal proceeding of Session Case No.21/21 corresponding to Charge Sheet No.71/2021 dated 20.05.2021, Itanagar WPS Case No.85/2020 under Sections 376/341/342/506 of the Indian Penal Code is quashed and set aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant