Smti Menyong Rimo Taku and Anr v. The State of Ap

Page No.# 1/4 GAHC040011542024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./131/2024 Smti Menyong Rimo Taku and Anr Wife of Shri Ranjeet Taku, permanent resident of Champing Watte, PO and PS Seppa, East Kameng District, Arunachal Pradesh and presently residing at Jollang near Central Jail, PO RK Mission, PS Itanagar, Papumpare District, Arunachal Pradesh. 2: Ranjeet Taku Age: Occupation VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : T Lamgu Advocate for the Respondent : P P of AP

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

04.09.2024

Heard the learned counsel Mr. T. Lamgu appearing for the petitioners. Also heard Ms. T. Jini, the learned Addl. Public Prosecutor representing the Page No.# 2/4 State of Arunachal Pradesh.

¶2This is a joint application filed by the petitioners under Section 482 of the CrPC praying for quashing of Itanagar Women P.S. Case No.115/2022 registered under Sections 498A/324 of the Indian Penal Code (G.R. No.768/2022) pending in the court of learned Chief Judicial Magistrate, Yupia, Papumpare, District-Arunachal Pradesh.

¶3The wife lodged an FIR against her husband alleging that he was physically and mentally harassing her for the last three years without any reason. On 13.09.2020 at night, he even tried to kill her without any provocation. He assaulted her, for which she sustained cut injuries on her head and body.

¶4The husband also allegedly assaulted his sister-in-law and the landlord.

¶5On the basis of the said FIR, police registered a case under Section 498A/324 of the Indian Penal Code. Ultimately, the charge sheet was filed under Sections 498A and 323 of the Indian Penal Code.

¶6Now, both the husband and wife have jointly filed this application stating that they have settled their disputes and now they are living happily. They have stated that they have settled the dispute for the sake of future of their children. The third child was born after lodging the instant case.

¶7I have considered the submissions made by the learned counsel 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 Page No.# 3/4 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."

¶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.

¶10Reverting back to the case in hand, this Court is of the opinion that the ratio laid down by the Hon'ble Supreme Court is applicable in the present Page No.# 4/4 case. I find 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.

¶11In the above view of the matter, the Itanagar Women P.S. Case No.115/2022 registered under Sections 498A/324 of the Indian Penal Code (G.R. No.768/2022) pending in the court of learned Chief Judicial Magistrate, Yupia, Papumpare, District-Arunachal Pradesh, is set quashed and aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant