Biki Doni and 2 Ors v. The State of Ap

Page No.# 1/4 GAHC040007032024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./81/2024 Biki Doni and 2 Ors Son of Late Biki Taying, resident of Village 6 KM (Near Toyota Dealer) PO and PS Itanagar, Papumpare District, Arunachal Pradesh 2: Smti Tame Yajik Age: Occupation : Wife of Late Tame Tachak permanent resident of Hiya Village PO and PS Nyapin Kurung Kumey District Arunachal Pradesh presently residing in Jully II colony PO and PS Itanagar Papumpare District Arunachal Pradesh 3: Tarh Tariang Age: Occupation : Son of Late Tame Tachak permanent resident of Hiya Village PO and PS Nyapin Kurung Kumey District Arunachal Pradesh presently residing in Jully II colony PO and PS Itanagar Papumpare District Arunachal Prades VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Biki Tapa, Page No.# 2/4 Advocate for the Respondent : P P of AP,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

10.09.2024

Heard the learned counsel Mr. B. Tapa appearing for the petitioners. Also heard Ms. T. Jini, the learned Addl. Public Prosecutor representing the State of Arunachal Pradesh.

¶2This is a joint application filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973 praying for setting aside and quashing the Itanagar Women Police Station Case No.16/2017 under Sections 447/354 of the Indian Penal Code as well as the corresponding Charge Sheet No.51/2017.

¶3The petitioner Tarh Tariang lodged an FIR before police on 11.02.2017, wherein he has alleged that the petitioner Biki Doni forcibly entered into his house and threatened his mother Smti. T. Yajik with dire consequences.

¶4On conclusion of investigation, police filed the charge sheet under Sections 447 and 354 of the Indian Penal Code.

¶5Now, all the petitioners have come together to file this petition stating that they have already settled their disputes as because the petitioner Biki Doni had committed the said act under the influence of alcohol. They have even executed a deed of agreement between themselves, which is available in the record.

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

¶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.

¶9The ratio laid down by the Hon'ble Supreme Court is applicable in the present case.

¶10This Court is of the opinion 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.

¶11Considering the aforesaid facts, the Itanagar Women Police Station Case No.16/2017 under Sections 447/354 of the Indian Penal Code as well as the corresponding Charge Sheet No.51/2017, is quashed and set aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant