Quashed

Jyotiprakash Sonowal v. the State of Assam and Anr.

Gauhati HC13 Sept 2019Crl.Pet./643/2019

Case brief

AI extract

What is this about?

The Gauhati High Court quashed criminal proceedings under Section 498A IPC filed by the petitioner's wife. Considering the parties had amicably settled all matrimonial disputes and the non-compoundable nature of the offence, the court held quashing was in the interest of justice.

What did the court decide?

The criminal proceeding G.R. Case No. 13578/ 2014 pending in the Court of the learned Judicial Magistrate First Class, Kamrup (M), Guwahati is quashed.

Jyotiprakash Sonowal Vs the State of Assam and Anr. — Dowry and Cruelty | Gauhati HC (2019)

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GAHC010131012019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet. 643/2019

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1:JYOTIPRAKASH SONOWAL

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S/O SRI MADHAB CH. SONOWAL, J.S. INTERNET LOUNGE, OPPOSITE MAHARISHI VIDYA MANDIR, SILPUKHURI, GUWAHATI, DIST-KAMRUP(M), ASSAM, PIN-781003

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VERSUS

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1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:SMT. RITAMONI HAZARIKA D/O LATE BUDHIN HAZARIKA R/O KUSHAL NAGAR NEAR NAMGHAR P.O. AND P.S.-MORANHAT DIST-DIBRUGARH ASSAM PIN-78567

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Advocate for the Petitioner : MR. PRADIP KUMAR KALITA

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 13-09-2019

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Heard Mr. PK Kalita, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. Public Prosecutor, Assam for the respondent No. 1. Though, notice was served on the

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respondent No. 2, none has appeared.

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By this petition filed under Section 482 of the Cr.PC, 1973, the petitioner has prayed for quashing of the criminal proceeding in G.R. Case No. 13578/ 2014 pending in the Court of the learned Judicial Magistrate First Class, Kamrup (M), Guwahati.

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Learned counsel for the petitioner submits, that an FIR was lodged by the respondent No. 2, the wife of the petitioner, alleging cruelty, on the basis of which All Women PS Case No. 136/2014 under Section 498(A) of the IPC was registered and eventually the charge sheet has been filed. It is also submitted that various litigations arose out of matrimonial discord between the petitioner and his wife and ultimately the matrimonial dispute between the parties was referred to the mediation for settlement. In the mediation, both the petitioner and his wife have amicably settled all the matrimonial disputes and differences and it was agreed in the mediation that they will take steps for disposal of all the civil and criminal proceedings by amicable settlement.

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Pursuant to such compromise settlement the civil proceedings between the parties have already been withdrawn. Since the offence under Section 498(A) IPC is non-compoundable, the petitioner could not approach the learned trial court and therefore, this application under Section 482 Cr.P.C. has been filed for quashing the criminal proceeding against the present petitioner in exercise of inherent powers.

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It is recognized principles that the matrimonial disputes, when sought to be resolved by amicable settlement and compromise, the court should encourage such compromise so as to ensure the family peace. Because it may be futile for the court to continue with the criminal proceeding arising out of matrimonial discord, when the parties have compromised the same. In the present case, as submitted by learned counsel, the parties have settled all other litigations between them, and want to compromise the criminal case which does not involve any heinous offence, and as such no cause of justice would be served by allowing the proceeding to continue.

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Having considered the facts and circumstances of the case, this court is of the view that the criminal proceeding between the husband and wife deserves to be quashed for the interest of justice. Accordingly, the criminal proceeding of G.R. Case No. 13578/ 2014 pending

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in the Court of the learned Judicial Magistrate First Class, Kamrup (M), Guwahati is hereby quashed.

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This criminal proceeding is disposed of.

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JUDGE

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Comparing Assistant

Jyotiprakash Sonowal v. the State of Assam and Anr.

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Jyotiprakash Sonowal v. the State of Assam and Anr.

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