Quashed

Shri Nabam Naku v. the State of A.P.

Gauhati HC24 Nov 2020Crl.Petn./131/2018

Case brief

AI extract

What is this about?

The Gauhati High Court quashed an FIR and related proceedings after 15 years, relying on a Supreme Court precedent. Finding no possibility of conviction and noting a settlement between opposing families over a family dispute, the court held it a fit case for exercising inherent powers under Section 482 Cr.P.C. to prevent miscarriage of justice.

What did the court decide?

FIR dated 27.05.2004 (Balijan P.S. Case No.03/2005) and corresponding proceedings set aside and quashed.

Shri Nabam Naku Vs the State of A.P. — Quashing and FIR | Gauhati HC (2020)

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GAHC040010922018

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

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Case No. : Crl.Petn. 131/2018

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1:SHRI NABAM NAKU

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AGED ABOUT 37 YEARS, SON OF LATE NABAM NAGUNG, RESIDENTO F BAM VILLAGE, PO/PS BALIJAN, DIST. PAPUM PARE, AP

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2: SHRI NABAM KAHI

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SON OF LATE NABAM NAGUNG RESIDENT OF VILLAGE SAMUKHULI PO/PS BALIJAN DIST. PAPUM PARE AP

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3: SHRI NABAM MORO

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S/O LATE NABAM NAGUNG RESIDENT OF AMUKJULI PO/PS BALIJAN DIST. PAPUM PARE AP

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4: SHRI NABAM TUBIN

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RESIDENT OF VILLAGE UPPER TARASO PO/PS BALIJAN DIST. PAPUM PARE AP

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5: SMTI. NABAM ECHUM

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VILLAGE SAMUKJULI PO/PS BALIJAN DIST. PAPUM PARE A

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VERSUS

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1:THE STATE OF A.P. REPRESENTED BY THE PUBLIC PROSECUTOR AP

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2:THE OFFICER-IN-CHARGE POLICE STATION BALIJAN DIST. PAPUM PARE A

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Advocate for the Petitioner : C. Modi

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Advocate for the Respondent : J. Tsering, P.P.

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BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 24-11-2020

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Heard Mr. C. Modi, learned counsel for the petitioners. Also heard Mr. J. Tsering, learned P.P. for the State of Arunachal Pradesh.

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2. This is a joint application filed by the petitioners under Section 482 of the Cr.P.C., praying for quashing the F.I.R. dated 27.05.2004, which has been registered as Balijan P.S. Case No.03/2005, under Sections 147/148/149/335/506/34 IPC, pending before the Court of the learned Judicial Magistrate, First Class, Yupia.

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3. The petitioner Tok Torun was in love with a girl. They had physical relationship and for that matter the girl became pregnant. On this issue there was a village meeting. In the said meeting, Tok Torun refused to marry the girl. Thereafter, there was a scuffle between Tok Torun’s family and the girl’s family. In fact, the family members of the girl assaulted Tok Torun. One of the petitioners had lodged an F.I.R. before Police, alleging that his son was bitten up by the petitioners of this case. Now both sides have compromised the matter and they had jointly filed this application, praying for quashing of the F.I.R.

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4. In order to buttress his argument, Mr.Modi, learned counsel has relied upon a decision of the Supreme Court that was rendered in Narendra Singh & Ors. Vs. State of Punjab & Anr ., reported in (2014) 06 SCC 466 . The Supreme Court has observed that offences having overwhelmingly and predominantly Civil character, having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR.

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5. Mr. Modi, learned counsel has submitted that Tok Torun has already married the said girl and their children have also grown up. The present application under Section 482 of the Cr.P.C. has been filed in the year 2018 i.e. after about 15 years of the occurrence. Mr. Modi, learned counsel has submitted that the petitioner Tok Torun and his wife is happily living with their children and the other petitioners are close relatives of the girl and both sides are having cordial relationship. These offences are not compoundable under Section 320 of the Cr.P.C., therefore, they approached this Court for quashing of the F.I.R.

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6. Mr. Modi, learned counsel further submits that the power under Section 482 of the Cr.P.C. is the inherent power of the High Court. This power is exercised to prevent miscarriage of justice and to advance the cause of justice. The offences alleged against the petitioners are personal to the parties and have no potential to affect the entire society. Both sides have compromised the matter after so many years.

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7. I find that there is no possibility of conviction of the petitioners, who are named as accused in the F.I.R. lodged by the father of Tok Torun. Therefore, I find that this is a fit case for exercising the power under Section 482 of the Cr.P.C. In view of the above, the F.I.R. dated 27.05.2004 which has been registered as Balijan P.S. Case No.03/2005 under Sections 147/148/149/335/506/34 IPC, pending before the Court of the learned Judicial Magistrate, First Class, Yupia and corresponding proceedings, if

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there be any, are accordingly, set aside and quashed.

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8. The criminal petition, accordingly, stands disposed of.

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JUDGE

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Comparing Assistant

Shri Nabam Naku v. the State of A.P.

Case brief

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Shri Nabam Naku v. the State of A.P.

Case brief

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