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2019 DIGILAW 1184 (GAU)

Hiranmoy Das v. State of Assam

2019-11-04

RUMI KUMARI PHUKAN

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JUDGMENT : Rumi Kumari Phukan, J. Heard Mr. A. Paramanik, learned counsel for the petitioners and Mr. D. Bora, learned counsel appearing on behalf of respondent No.2 and learned Addl.P.P. Mr. B. Sarma,for the respondent Nos. 1. 2. Challenging the entire proceeding pertaining to G.R. Case No. 1080/2016 under Section 498(A) IPC arising out of Dokmoka P.S. Case No.71/2016 under Section 498(A)/354 IPC pending before the learned CJM, Karbi Anglong, Diphu, Assam, this petition has been preferred by the petitioners on the ground that the parties involved have settled the matter outside the court and informant is not interested to proceed with the case. 3. Necessary facts in a nutshell is that respondent No.2 lodged an FIR in the Dokmoka Police Station raising some allegation that although she entered into marriage with the accused No.1, but since after her marriage, she was mentally tortured by demanding dowry and even her father-in-law outraged her modesty and when she reported, her husband did not pay any heed to such complain made by her. She filed the FIR with certain other allegation against her husband and in-laws which was registered as Dokmoka PS Case No. 71/2016 under Section 498(A)/354 IPC and the investigation ended in charge-sheet and the case was proceeded for trail against her husband. 4. During the course of trial, learned trial court also impleaded other two accused i.e. present petitioner No.2 and 3, namely, Gunadhar Das and Smt. Rekha Das who are in-laws of the informant, who faced the trial along with other accused. At this stage, all the accused persons come forward with the present petition for quashing all the entire proceedings on the ground that they have already settled the matter and the informant has no more interest to proceed with the case and accordingly sought for quashing of the proceeding as against all the accused persons. 5. Today, we have heard the submission of the learned counsel appearing for the petitioners and informant and perused the documents annexed. 6. The respondent/wife has entered into such settlement vide Annexure-4, the affidavit which is sworn by herself stating that she is not willing to pursue the case as the matter has already settled amicably between the parties. 7. Obviously, the matter relates to matrimonial offence and the victim herself come forward apprising about the amicable settlement between the parties. 6. The respondent/wife has entered into such settlement vide Annexure-4, the affidavit which is sworn by herself stating that she is not willing to pursue the case as the matter has already settled amicably between the parties. 7. Obviously, the matter relates to matrimonial offence and the victim herself come forward apprising about the amicable settlement between the parties. In view of the submission, it can be inferred that the victim/respondent will not support her case even criminal proceeding is allowed to be proceeded further. There appears blink chance of conviction. 8. Amicable settlement in a case of matrimonial offence can be allowed for the sake of social justice so as to maintain harmony in the society. As it appears that the victim herself has buried her grievances against all the accused persons and that being so, further proceeding will yield no result and it will be an abuse of process of law. 9. Learned Additional Public Prosecutor raised no objection against such settlement since the offence being a matrimonial offence. 10. Taking note of all above and the documents placed, this Court is of the considered opinion that it is a fit case to invoke the provisions of Section 482 Cr.P.C. Accordingly, the entire proceedings pertaining to G.R. Case No. 1080/2016 under Section 498(A) IPC arising out of Dokmoka P.S. Case No.71/2016, pending before the learned CJM, Karbi Anglong, Diphu, Assam, is hereby set aside and quashed. 11. Resultantly, this petition stands allowed and disposed of.