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2022 DIGILAW 1206 (GAU)

Nending Mope D/o Late Nending Koje v. State of A. P.

2022-11-02

SUSMITA PHUKAN KHAUND

body2022
JUDGMENT : SUSMITA PHUKAN KHAUND, J. 1. This petition, under Section 482 of the Cr.P.C. is preferred with a prayer for quashing of the criminal proceeding pending before the Court of learned Judicial Magistrate, First Class, Capital Complex, Yupia, Papum Pare District in connection with Naharlagun P.S. Case No. 22/2009 registered under Sections 498(A)/494/109/34 of the Indian Penal Code (for short ‘IPC’). 2. Heard Mr. X. Gyati, learned counsel for the petitioners and Mr. J. Tsering, learned Public Prosecutor representing the State of Arunachal Pradesh. 3. It is submitted that both the petitioners are estranged spouses and they have a daughter who is a student of Class-XII at Donyi Polo School in Itanagar. 4. The genesis of this case is that a complaint was lodged by the petitioner No. 1 against her husband/petitioner No. 2 before the Deputy Commissioner, Papum Pare District, Yupia with an allegation of cruelty extended to her by the petitioner No. 2 which was registered as Naharlagun P.S. Case No. 22/2009 under Sections 498(A)/494/34 IPC. It was further contended through the aforesaid complaint the petitioner No. 1 had to endure all the cruelty meted out to her to save her matrimonial life. Furthermore, even after, birth of a girl child, she was assaulted by her husband and shifted to a rented house at Naharlagun. On 10.01.2009, the petitioner No. 2/ husband of Petitioner No. 1 again assaulted her to such an extent that 4 teeth in her jaw line were damaged. Thereafter, the petitioner No. 2 went away to Aalo and he took along with him the documents relating to the petitioner No. 1’s educational qualification, marriage papers and other important papers. Thereafter, the petitioner No. 2 neglected to maintain petitioner No. 1 and his child. The petitioner No. 2 also got married to another woman. After registration of this case, investigation progressed, which culminated into submission of Charge-Sheet. 5. I have perused the scanned copies of the LCRs, which was called for in connection with this case. This case was at the stage of trial and evidence of witnesses were being recorded. 6. Presently, both the petitioners are staying separately and peacefully and they have amicably settled their dispute after entering into a settlement and a deed, dated 07th August, 2022 was executed. This case was at the stage of trial and evidence of witnesses were being recorded. 6. Presently, both the petitioners are staying separately and peacefully and they have amicably settled their dispute after entering into a settlement and a deed, dated 07th August, 2022 was executed. After compromising the matter they are no longer willing to proceed with this case for a conducive environment for their daughter and better future of their daughter who is a student of Class-XII at Donyi Polo School, Itanagar. As the petitioners are booked under an offence which is non-compoundable in nature, the criminal case could not be compounded and the petitioners have filed this petition for quashing of criminal trial pending before the learned Trial Court. It is true that this case is at the stage of trial but at the same time, it is also true that this case is predominantly and overwhelmingly private in nature and both the parties have settled their dispute. This case is the result of a matrimonial dispute between the parties who have decided to resolve their dispute amongst themselves by entering into a settlement deed, dated 07th August, 2022 in view of their daughter’s future prospects and paramount welfare. Further proceeding will indeed be an abuse of the process of the Court as both the parties are amicably willing to settle their dispute and I believe that this is a fit case to invoke inherent jurisdiction under Section 482 Cr.P.C. Possibility of conviction is indeed bleak and remote. 7. Considering the above and also considering the submissions of the learned Advocates of both the sides, this Criminal petition stands allowed and Naharlagun P.S. Case No. 22/09, corresponding to G.R. Case No. 80/09 pending in the Court of learned JMFC, Capital Complex, Yupia, Papum Pare is hereby quashed. 8. The parties have to bear their own costs.