The Chief Judicial Mansion quashed criminal proceedings against the petitioner under Sections 448 and 353 IPC. The quashment was granted because the victim and petitioner had settled the case out of court, and the offences were not heinous.
Criminal proceedings under PRC(SP) No.222/2016 arising out of Case No.2016 EAG 056 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL PETN No.41 of 2017
B E F O R E
THE HON’BLE THE CHIEF JUSTICE MR T. VAIPHEI
Present :
For the petitioners : Mr. S. Lodh, Advocate. For the respondent : Mr. R.C. Debnath, Addl. P.P.
07.07.2017
Heard Mr. S. Lodh, the learned counsel for the petitioner and also heard Mr. R.C. Debnath, the learned Additional Public Prosecutor appearing for the State.
By this application, the petitioners are seeking quashment of the criminal proceedings in connection with PRC(SP) No.222/2016 arising out of East Agartala P.S. Case No.2016 EAG 056, U/s 448/353 IPC against the petitioner No.1.
Though one of the offences charged against the petitioner No.1 is a non-compoundable offence, considering the fact that the informant/victim of the crime and the petitioner have apparently settled the case out of Court and are now filing this joint petition duly signed by them with affidavits, I am of the view that no useful purpose will be served by keeping the case pending, particularly, when the offences charged against the petitioner No.1 do not involve heinous crimes. In that view of the matter, the application deserves to be allowed.
Resultantly, the criminal proceedings against the petitioner No.1 in Criminal Case No.PRC(SP) 222 of 2016, pending before the learned Chief Judicial Magistrate, West Tripura, Agartala is hereby quashed. The petitioner No.1 will not surrender his bail bonds.
The petition is disposed of.
CHIEF JUSTICE
Dipesh
CRL PETN No.41 of 2017
Page 1 of 1
1 issue framed by the court
Whether criminal proceedings under Sections 448 and 353 IPC should be quashed due to out-of-court settlement and absence of heinous nature of the offence.
2 provisions across 1 enactments
Petitioner No.1 (unnamed)
State
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
