High Court bench dismissed petition for quashing FIR under CrPC s. 482 in matrimonial cheating case. Court held s. 494 IPC not maintainable without complaint, but s. 498A case against different person is viable. Cheating allegations reserved for trial court as prima facie offence exists.
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GAHC010010992018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 48/2018
1:KHURSHID ALAM R/O- NAYAPARA, P.O. AND DIST. GOALPARA, ASSAM
VERSUS
1:THE STATE OF ASSAM GAUHATI HIGH COURT, GUWAHATI
2:ARZUWARA AHMED R/O- NARENGI KAMALA BAGAN P.S. NOONMATI P.O. GHY-21 AND WORKING AS L.D.A. AT AGRICULTURAL DEVELOPMENT BLOCK CHANDIKA P.O. CHAYAGAON DIST- KAMRUP (R) ASSAM
Advocate for the Petitioner : MR J C GAUR
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 03-10-2018
Heard Mr. JC Gaur, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent No. 1 as well as Ms. A Das, learned counsel appearing for the informant.
Perused the petition as well as the annexures furnished therewith including the affidavit filed by the informant.
This is a petition, under Section 482 of the Cr.PC, seeking quashment of the FIR, dated 22.10.2017 out of which Karimganj P.S. Case No. 981/2017 corresponding to G.R. Case No. 2373/2017 under Sections 498(A)/494/420 of the IPC has arisen.
Beginning first, this court says that Section 494 of the IPC is not applicable in the instant case, because, to take cognizance of an offence under Section 494 of the IPC there has to be a complaint and not a police report. So far the allegation under Section 498(A) of the IPC is concerned, the learned counsel for the petitioner submits that there is another case, under Section 498(A) of the IPC, pending on being instituted by the informant against her former husband, and therefore, according to him, this case under Section 498(A) of the IPC is not maintainable. This court is not in agreement with the learned counsel for the petitioner, in view of the fact that the offence under Section 498(A) of the IPC in the earlier case is against the former husband due to the torture meted out to her and the present case is against the torture meted out to her by the present petitioner. Causes of action in both the cases are against different persons and at different times. That being so, this court is not in agreement with the learned counsel for the petitioner on this count.
So far the offence under Section 420 of the IPC is concerned, learned counsel for the petitioner has submitted that the allegations do not attract the ingredients of an offence under Section 420 of the IPC. However, this is a question to be decided by the learned trial court at the time of consideration of charge. This court is not inclined to quash the aforesaid FIR as the FIR has disclosed, prima facie, a cognizable offence.
In view of the above, this court is of the view that whatever the learned counsel for the petitioner has submitted shall be made before the learned trial court at the time of consideration of charge and the learned trial court will pass appropriate reasoned orders taking into account the submission to made by the learned counsel for the petitioner before it.
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With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether FIR u/s 494 IPC is maintainable on complaint or police report.
Whether Section 498A case against former husband precludes maintainability of current case.
Whether FIR disclosing prima facie cognizable offence under s. 420 IPC should be quashed.
4 provisions across 2 enactments
Khurshid Alam
The State of Assam Gauhati High Court, Guwahati
Arzuwara Ahmed
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
