A single bench quashed the impugned FIR registered against the petitioner for cheating and forgery because the matter was settled between the parties out of court.
The FIR dated 04.01.2019 registered as Dispur PS Case No. 53/2019 was quashed.
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GAHC010031572019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./159/2019
NAVIN MIRANIA
S/O PURUSHOTTOM MIRANIA, R/O HOUSE NO. 10, NILOMONI PHUKAN ROAD, CHRISTIAN BASTI, GUWAHATI, PO CHRISTIAN BASTI, PS DISPUR, PIN-781005, DIST. KAMRUP (METRO)
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY PP, ASSAM
2:BIBEK GODUKA S/O HEM CH. GODUKA R/O HOUSE NO. 10. NILOMONI PHUKAN ROAD CHRISTIAN BASTI GUWAHATI PO CHRISTIAN BASTI PS DISPUR PIN-78100
Advocate for the Petitioner : MR. I F ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
06.08.2022
Heard Shri IF Ali, learned counsel for the petitioner as well as Shri KK Das,
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learned Addl. PP, Assam.
2. I have also heard Shri R Dubey, learned counsel for the respondent no. 2.
3. This petition has been filed under Section 482 of the Cr.PC for setting aside of an FIR which was registered as Dispur PS Case No. 53/2019 under Sections 447/294/506/507 of the IPC (GR No. 217/2019).
4. Even without entering into the merits of the case, the contesting parties through their learned counsel have submitted that the matter has been settled outside the Court. In this connection, an affidavit has been filed today by the respondent no. 2 wherein it has been stated that the matter has been settled between the parties and therefore, the respondent no. 2 will not have any objection if the relief prayed for in this criminal petition is granted and the FIR is quashed.
5. Shri Das, learned Addl. PP submits that for quashing, a detailed guidelines have been given in the case of State of Madhya Pradesh Vs. Laxmi Narayan, reported in (2019) 5 SCC 688. In the said case, the Hon’ble Supreme Court has held that the powers under Section 482 Cr.PC may be exercised for quashing of the proceedings which relate to the offences which are not heinous in nature and in which the parties have come to a settlement. While dealing with the various aspects/facets of exercise of power under Section 482 Cr.PC, the Hon’ble Supreme Court has laid certain guidelines, the relevant of which is extracted hereinbelow:
“15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family
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disputes and when the parties have resolved the entire dispute amongst themselves;
15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;”
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the quashing of the FIR is appropriate considering the settlement outside court.
Whether the petition under Section 482 Cr.PC deserves to be allowed given the parties have settled the dispute.
Colour shows how this judgement treated each authority
State of Madhya Pradesh Vs. Laxmi NarayanRelied on¶22
State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688 · Who else cites this
2 provisions across 2 enactments
NAVIN MIRANIA
THE STATE OF ASSAM AND ANR
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
