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2022 DIGILAW 1170 (GAU)

Oder Gao Mingki, W/o. Shri Taniram Mingki v. State Of AP. , Through the Public Prosecutor, Arunachal Pradesh

2022-10-25

SUSMITA PHUKAN KHAUND

body2022
JUDGMENT : 1. Heard Mr. L. Perme, learned counsel for the petitioners. Also heard Mr. T. Ete, learned Addl. P.P. for the State of Arunachal Pradesh. 2. By this criminal petition the petitioner Nos. 1 and 2 have prayed for setting aside and quashing the Charge-sheet No. 16/2020 dated 24.06.2020 under Section 380 of the Indian Penal Code (IPC for short). 3. An FIR was lodged by petitioner No. 2 that his wife, petitioner No. 1 committed theft of 15 bags of paddy from his godown and also forcefully took away a pickup vehicle of Bolero make on 02.01.2020 from Sika Tode. It is alleged that a slew of FIRs have been lodged against the petitioner No. 1 but due to inaction of the police, the petitioner No. 1 has taken undue advantage and has committed the instant robbery. It was submitted through the FIR that paddy was stored to feed his family who would suffer from starvation in case the grains are not recovered. It is also alleged that the petitioner No. 1 drove out the petitioner No. 2’s children from his house by wielding weapons like dao and knife. 4. The learned counsel for the petitioners has submitted that the petitioner No. 1 is a Junior Engineer (Mechanical) at Public Health Engineering under the Government of Arunachal Pradesh and posted at Pasighat. The criminal case lodged against petitioner No. 1 is pending in the Court of the Chief Judicial Magistrate at Pasighat East Siang district. It is submitted on behalf of the petitioner No. 1 and petitioner No. 2 that a family dispute flared up and the resultant is this case. 5. The FIR was registered as Sille Oyan P.S. Case No. 1/2020 and G.R. Case No. 17/2020 under Section 380 IPC. After investigation Charge-sheet No. 16/2020 was laid against petitioner No. 1 and the learned CJM, Pasighat took cognizance of the case and issued summon to the petitioner No. 1. It is submitted that the petitioner No. 1 and petitioner No. 2 are spouses. On 02.01.2020 the petitioner No.1 collected 15 bags of grains from their godown and gave 2 bags to her brother-in-law. She also sent 5 bags to the rice mill for pounding and some bags were given to Donyi Polo (Gangging) party and some to her mother. It is submitted that the petitioner No. 1 and petitioner No. 2 are spouses. On 02.01.2020 the petitioner No.1 collected 15 bags of grains from their godown and gave 2 bags to her brother-in-law. She also sent 5 bags to the rice mill for pounding and some bags were given to Donyi Polo (Gangging) party and some to her mother. The petitioner No. 1 also admitted that she took the Bolero pickup to commute to her office as her personal vehicle was under repair. As she did not inform the petitioner No. 2 about taking away the grains along with the Bolero, the petitioner No. 2 lodged an FIR in a fit of rage. At present the petitioner Nos. 1 and 2 have registered their marriage as per the Special Marriage Act and a marriage certificate was issued on 17.11.2020 under the Arunachal Pradesh Marriage Rule, 2009. The certificate of Marriage is annexed as Annexure-4. On the intervention of the elders of both the petitioners, a settlement was entered into by the petitioner Nos. 1 and 2 on 02.09.2022, which is annexed as Annexure-5 along with the petition. 6. It is submitted that as the dispute between both the petitioners has already been settled, the criminal case is prayed to be quashed. 7. I have considered the submissions at the Bar. Although there is an instance of robbing a vehicle from the possession of the petitioner No. 2, yet it has finally been admitted by petitioner No.1 that she took away the vehicle to commute to her place of work as her personal vehicle was out of order. The petitioner No.1 is not booked under any case of robbery. She is booked under Section 380 IPC. This case is not compoundable. This case is predominantly and overwhelmingly private in nature between the parties. It may not be ruled out that cases of this nature have an impact to the society at large, but a flavour of matrimonial dispute is also prevalent in this case. Both the parties are in a relationship and they finally got their marriage registered. A marriage certificate dated 17.11.2020 was also issued to the petitioners. This case is pending in the Court of the Chief Judicial Magistrate at Pasighat East Siang district. Charge sheet was laid on 24.06.2020 under Section 380 IPC. Both the parties are in a relationship and they finally got their marriage registered. A marriage certificate dated 17.11.2020 was also issued to the petitioners. This case is pending in the Court of the Chief Judicial Magistrate at Pasighat East Siang district. Charge sheet was laid on 24.06.2020 under Section 380 IPC. Annexure No. 3 depicts that the petitioner No. 1 has been summoned by the Trial Court. The para 6 of the petition and Annexure -3 annexed along with the petition depicts that summons have been issued to the petitioner No. 1 for appearance and trial. It could be deciphered that the case is at the initial stage of trial. Further proceeding will be a futile exercise. The possibility of conviction is remote. This case is predominantly private in nature. This case is not of such a nature to have an impact on the public at large. In view of my foregoing discussion it is hereby held that abiding by the principles laid down the case of State of Madhya Pradesh v. Laxmi Narayan and Others, reported in (2019) 2 SCC 1230, this Court can invoke its jurisdiction under Section 482 for quashing the afore-mentioned criminal case. 8. Thereby, the Sille Oyan P.S. Case No. 1/2020 and subsequent Charge-sheet No. 16/2020 dated 24.06.2020 registered under Section 380 IPC pending before the Court of the Chief Judicial Magistrate at Pasighat, East Siang district, is hereby quashed and set aside. Criminal petition is hereby allowed.