Joram Acho and 2 Ors v. The State of Ap

Page No.# 1/4 GAHC040003372023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn. 37/2023 1:Joram Acho and 2 Ors. (Accused Person) S/o Late Joram Chilie Present Resident of Indira Gandhi Park, Itanagar, PO and PS Itanagar, Papum Pare District and Permanent Resident of Village and PO Joram, PS Yachuli, Lower Subansiri District , Arunachal Pradesh. 2: Meje Taku (an informant and deceased brother) S/o Late B. Taku

Present resident of G Extension Naharlagun PO and PS Naharlagun. Papum Pare District Arunachal Pradesh and permanent resident Seppa Type III Colony PO and PS Seppa East Kameng District Arunachal Pradesh. 3: Harish Dada S/o Sri Feme Dada

Present Resident of Upper Vivek Vihar behind DGP resident Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh Nerba Colony Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh VERSUS Page No.# 2/4 1:THE STATE OF AP Represented through Public Prosecutor.

Advocate for the Petitioner : Joram Mebi Advocate for the Respondent : P P of AP

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

28.03.2023

Heard Mr. J. Mebi, the learned counsel appearing for the petitioners. Also heard Mr. J. Tsering, the learned Public Prosecutor representing the State of Arunachal Pradesh/sole respondent.

¶2This is a joint application filed by the petitioners under Section 482 of the CrPC praying for setting aside and quashing the criminal proceeding pending before the court of the learned Chief Judicial Magistrate, Yupia corresponding to Itanagar P.S. Case No.86/2017 arising out of G.R. Case No.230/2017 under Sections 279/338/304(A)/19 of the IPC.

¶3The prosecution case, in short, is that the petitioner Meje Taku lodged an FIR before police alleging that on 22.04.2017 at about 5 P.M., a Sentro Car knocked down his sister Miss Naya Taku, as a result of which she succumbed to her injuries on the spot. It may be mentioned that in that accident, another person called Harish Dada also sustained some injuries. The car was driven by Joram Acho.

¶4Now, all the three petitioners have jointly filed this application stating that they have mutually settled the matter. The driver of the car had Page No.# 3/4 given monetary compensation to the other two petitioners.

¶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. Page No.# 4/4

(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."

¶7The 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 pending before the court of the learned Chief Judicial Magistrate, Yupia corresponding to Itanagar P.S. Case No.86/2017 arising out of G.R. Case No.230/2017 under Sections 279/338/304(A)/19 of the IPC is quashed and set aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant