Tatum Yaying and Anr v. The State of Ap

Page No.# 1/4 GAHC040004092023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn. 49/2023 1:Tatum Yaying and Anr. Son of Late Tamin Taying, Resident of Mirem Village, PO Bilat and PS Ruksin, East Siang District, Arunachal Pradesh. 2: Nung Darang Daughter of Shri Takar Darang

Resident of Rani Village PO Sille and PS Sille East Siang District Arunachal Pradesh VERSUS 1:THE STATE OF AP Represented by its Public Prosecutor.

Advocate for the Petitioner : G Taloh Advocate for the Respondent : P P of AP

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

24.03.2023

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

¶2This is a joint application filed by Sri Tatum Taying and Smti Nung Darang under Section 482 of the CrPC praying for quashing the criminal proceeding of Pasighat Police Station Case No.192/2016 corresponding to Charge Sheet No.01/2017 under Sections 323 and 354 of the Indian Penal Code pending in the court of the learned Chief Judicial Magistrate, Pasighat.

¶3On 23.11.2016, the petitioner Tatum Taying beat the other petitioner with fists and blows. During the scuffle, the sweater of the petitioner Nung Darang was torn apart.

¶4Now, both the petitioners, Sri Tatum Taying and Smti Nung Darang have jointly appeared before this Court stating that they have compromised the matter and are no longer interested in the criminal proceeding. Both of them even had a written amicable settlement.

¶5I have given my anxious considerations to 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 Page No.# 3/4 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 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 Page No.# 4/4 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 Pasighat Police Station Case No.192/2016 corresponding to Charge Sheet No.01/2017 under Sections 323 and 354 of the Indian Penal Code pending in the court of the learned Chief Judicial Magistrate, Pasighat is quashed. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant