Tolum Tapam and Anr v. The State of Ap

Page No.# 1/5 GAHC040003832023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn. 45/2023 1:Tolum Tapam and Anr. S/o Lt. Tolum Tasap, A Permanent Resident of Village Tigdo, PO/PS Doimukh, Papum Pare District, Aruanchal Pradesh. Mobile No. 6909421024 2: Taw Kakam S/o Shri Taw Haniya

Permanent Resident of Village Tigdo PO/PS Doimukh Papum Pare District Arunachal Pradesh VERSUS 1:THE STATE OF AP Represented by the Public Prosecutor, Arunachal Pradesh, Gauhati High Court, Itanagar Permanent Bench.

Advocate for the Petitioner : Arup Bhatttacharjee Advocate for the Respondent : P P of AP

Page No.# 2/5 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

21.03.2023

Heard the learned counsel Mr. A. Bhattacharjee appearing for the petitioners. Also heard Ms. H. Laxmi, the learned Addl. 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 of the G.R. Case No.294/2021 under Section 324 of the IPC pending in the court of the learned Chief Judicial Magistrate, Yupia, Arunachal Pradesh.

¶3On 22nd April, 2021 at about 12.45 P.M., attacked Taw Kakam with an iron rod. It is alleged that the attacker aimed at the head but somehow Taw Kakam escaped the injury on his head. However, he sustained injuries from other parts of his body.

¶4The medical report shows that Taw Kakam sustained simple injuries on the chest, knee and on the legs.

¶5Now, both Tallom Tako and Taw Kakam have come to this Court together and filed this application praying for quashing the criminal proceeding on the ground that they have settled the matter within themselves and also entered into a settlement agreement.

¶6Ms. Laxmi has objected to this application on the ground that the Page No.# 3/5 offence alleged is serious in nature.

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

¶8The 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.# 4/5

(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."

¶9In 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.

¶10In the case in hand, Taw Kakam sustained simple injuries caused by blunt object. He and Tallom Tako have compromised the matter and the informant Taw Kakam has agreed not to proceed against the accused Tallom Tako.

¶11Under the given circumstances of the case, I find that there is little possibility of future conviction in this case and allowing such a proceeding to continue in the trial court, would be an abuse of the process of the court. Therefore, this is a fit case for exercising power under Section 482 of the CrPC. Accordingly, the criminal proceeding of G.R. Case No.294/2021 under Section 324 of the IPC pending in the court Page No.# 5/5 of the learned Chief Judicial Magistrate, Yupia, Arunachal Pradesh is quashed and set aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant