Smti Omem Paleng and Anr v. The State of Ap

ORDER

30.04.2024

Heard Mr. T. Gyatso, learned counsel for the petitioners. Also heard Mr. J. Tsering, learned Public Prosecutor for the State respondent.

¶2This is a joint application under Section 482 CrPC, 1973 for quashing and setting aside the Session Case No. 47/2020 corresponding to charge sheet No. Page No.# 2/3 30/20 dated 26.06.2020 under Section 376(2)(i) IPC r/w Section 6 of POCSO Act arising out of Itanagar Women PS Case/FIR No. 34/2019 dated 19.07.2019 pending trial before the Court of Session Judge, Yupia on the on the ground that the informant/victim and the accused have entered into a compromise and have settled the differences arising between them.

¶3Heard the parties and perused the materials available on record.

¶4It appears that the victim and the accused have jointly preferred the instant petition wherein the victim herself has signed the affidavit on 11.10.2023 praying for quashing of the subject criminal proceedings.

¶5It further appears that a settlement has been arrived between the parties which is enclosed to the joint petition at annexure 5 dated 18.08.2023.

¶6A perusal of the aforesaid Settlement Deed indicates that though initially Section 6 of POCSO Act was added, subsequently at the stage of consideration of charge by the Trial Court, the same was dropped.

¶7It appears that at the instigation and pressure of the victim's parent, the FIR has been lodged.

¶8It further appears from the aforesaid Settlement Deed that both the parties have married and are now living happily together as husband and wife and are also blessed with 4 years old daughter.

¶9Considering that the parties are living happily married life, for the ends of justice, this Court is inclined to quash the subject criminal proceedings.

¶10Accordingly, criminal proceedings in connection to the Session Case No. 47/2020 corresponding to charge sheet No. 30/20 dated 26.06.2020 under Section 376(2)(i) IPC r/w Section 6 of POCSO Act arising out of Itanagar Page No.# 3/3 Women PS Case/FIR No. 34/2019 dated 19.07.2019 is set aside and quashed. Prayer is allowed. Disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040014182023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./192/2023 Smti Omem Paleng and Anr. W/o Shri Abeng Borang, Permanent resident of Village Paksing, P.O/P.S Kaying, Siang District, Arunachal Pradesh. 2: Abeng Borang Age: Occupation VERSUS THE STATE OF AP represented by Public Prosecutor Advocate for the Petitioner : Adam Tatak Advocate for the Respondent : P P of AP BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI