Petition under Section 528 BNSS sought quashing of Koloriang P.S. Case No.28/2019 under Sections 465/468/471/474/171-F IPC, alleging forgery relating to a postal ballot, based on a settlement deed between accused and informant. The Court held electoral offences are against the State and democracy and refused to quash.
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GAHC040012672024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : Crl.Petn./150/2024
Kago Nibo and Anr Son of Kago Laling, resident of Hong Village, PO and PS Ziro, Lower Subansiri District, Arunachal Pradesh. 2: Miss Hibu Kanku Age: Occupation : Daughter of Late Hibu Epo resident of Hong Village PO and PS Ziro Lower Subansiri District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP
Advocate for the Petitioner : Khoda Tari, Bengia Tayu
Advocate for the Respondent : P P of AP,
-BEFORE
HON’BLE MR. JUSTICE KALYAN RAI SURANA
23.09.2024
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Suraksha Sanhita (for short, ‘BNSS’), the petitioners have prayed for setting aside and quashing of Koloriang P.S. Case No.28/2019 corresponding to G. R. Case No. 24/2022 registered under Sections 465/468/471/474/171-F of the Indian Penal Code which is pending for disposal before the Court of learned Judicial Magistrate, First Class, Koloriang, Kurung Kumey District on the ground that there has been a settlement between the accused and the informant vide settlement deed dated 30.08.2024.
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petitioners, the Court is not inclined to quash the FIR which is registered as Koloriang P.S. Case No. 28/2019 registered under Sections 465/468/471/474/171-F of the Indian Penal Code.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an FIR for electoral offences under Sections 465/468/471/474/171-F IPC can be quashed on the basis of a settlement between the accused and the informant.
3 provisions across 2 enactments
Kago Nibo
Hibu Kanku
The State of AP represented by the PP of AP
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
