Md. Helid Hannan S/o Hussain Ahmed v. State of Nagaland
2025-01-23
BUDI HABUNG
body2025
DigiLaw.ai
JUDGMENT : BUDI HABUNG, J. 1. Heard Ms. Asenla Longkumer, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Additional Public Prosecutor for the State of Nagaland and Ms. Wonchano Humtsoe, learned counsel appearing on behalf of informant/respondent No.2. 2. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the proceeding against the accused person in G.R. Case No. 583/2023 corresponding to Sub-Urban (SBN) P.S. Case No.48/2023, under Section 409/420 IPC. 3. The brief of the case is that the informant/respondent No.2 filed a written FIR before the Officer-in-Charge, Sub-Urban Police Station, Dimapur to the effect that one person, namely, Mohammad Helid Hannan visited Dimapur with his family members on 10.01.2021 to the house of one Shah Jahan Ahmed, through whom the informant was introduced for business of Agarwood with the alleged accused person. The accused petitioner purchased some Agarwood from the informant for an amount of Rs. 52,09,550/- (Rupees fifty-two lakhs nine thousand five hundred fifty) on credit. The condition was as usual to pay later on after the sale of the goods at Kuwait. However, the accused petitioner did not pay the money till date. To avoid making payment the accused petitioner stated that the quality of goods was inferior and could not be sold out and he is not in a position to make the payment. Later on, the accused petitioner denied to pay a penny and threatened with dire consequences. He warned that if they go to his residence to demand money, they would not return alive. Thus, the informant faced a huge financial loss and because of the threat, he could not go to the residence of the accused person at Hojai to demand his money back. Thus, the accused petitioner had cheated the informant. 4. Based on the above written FIR, a case was registered being Sub-Urban (SBN) P.S. Case No. 48/2023 under Section 409/420 IPC and investigated into. 5. In the meantime, the parties have amicably settled the disputes on 08.09.2023 with the following terms and condition: (i) that the accused petitioner shall repay the remaining amounts to the informant in 3(three) instalments payable through bank transaction; (ii) The last instalment would be paid on 10.01.2024. (iii) To ensure payments of instalment, the guarantor Rebia Khatun, has furnished 6(six) numbers of cheques- two Nos.
(iii) To ensure payments of instalment, the guarantor Rebia Khatun, has furnished 6(six) numbers of cheques- two Nos. of cheques against each instalment as security with the further condition that in case of the default of payment, the informant shall have the right to use those cheques for encashment. (iv) If the accused petitioner fails to pay the amount, the guarantor would pay the entire amount of cost or else the informant has been given the right to lodge FIR/complaint case against the defaulter including the guarantor. However, after the recovery of the entire amounts, the informant would withdraw the case on executing a compromised Deed. 6. However, upon completion of the investigation, the I.O. of the case has submitted the case into chargesheet against the accused petitioner on 05.09.2023 for offence under Section 409/420 IPC. As a result, the accused petitioner was arrested on 07.09.2023. He was produced before the Judicial Magistrate First Class, Dimapur and now the case is pending before the Judicial Magistrate First Class, Dimapur under G.R. Case 583/2023 corresponding to Sub-Urban (SBN) P.S. Case No. 48/2023, under Section 409/420 IPC. 7. The learned counsel for the petitioner submitted that the accused petitioner has repaid the entire amount to the informant as per the settlement agreement. Upon such re-payment, the informant has made a declaration confirming that he has received the entire amount from the accused Mohammad Halid Hannan. He further confirmed that the final instalment was received on 10.01.2024, and all the repayment was done through bank transfer. The Declaration further made it clear that the informant/respondent No.2 does not have any further monetary claim against the accused petitioner or his family. The learned counsel for the petitioner further submitted that a copy of the Declaration was submitted to the I.O. of the case with a prayer to discharge the accused petitioner, as he has already paid the entire amount due to the informant, for which, he had lodged the FIR. 8. The learned counsel for the petitioner further submitted that the matter has been amicably settled and the entire amount due to the informant has already paid to him. After settlement, it was duly informed to the I.O of the case with a request to close the case. Furthermore, although the case has been submitted into chargesheet, the learned trial Court has not yet framed any charge against the accused petitioner.
After settlement, it was duly informed to the I.O of the case with a request to close the case. Furthermore, although the case has been submitted into chargesheet, the learned trial Court has not yet framed any charge against the accused petitioner. However, as the offences charge sheeted against the accused petitioner are non-compoundable, the Judicial Magistrate First Class, Dimapur does not have the power to compound the non- compoundable offence, therefore, the petitioner has filed this petition for quashing of the aforesaid G.R. Case 583/2023 arising out of Sub-Urban (SBN) P.S. Case No. 48/2023, under Section 409/420 IPC. 9. The learned counsel for the respondent No.2, Ms. Wonchano Humtsoe, while referring to the affidavit-in-opposition filed by the informant/respondent No.2, submitted that after submission of the charge sheet into the case, the petitioner through his wife has repaid all the balance amount to the informant/respondent No.2, and by executing a Declaration, the informant/respondent No.2 has confirmed that he has received all the balance amount from and on behalf of the accused petitioner. And as there is no any liability against the accused petitioner, therefore, he has no further grievance against the accused petitioner. In view of the above, the learned counsel for the respondent fairly submitted that he has no objection, if the prayer of the petitioner for setting aside the G.R. Case No.583/2023, arising out of FIR No.48/2023, is set aside and quashed. 10. I have heard both the learned counsel for the parties. I have also perused the documents available on record and considered. 11. Upon consideration, it appears that the accused petitioner purchased Agarwood from the informant/respondent No.2, worth Rs.52,09,550/- (Rupees fifty two lakhs nine thousand five hundred fifty) with the assurance that he would pay the cost of the Agarwood as soon as possible. However, the petitioner failed to make timely payment, resulting in the informant/respondent No.2 lodging awritten FIR against him for cheating. The case has been registered as Sub- Urban (SBN) P.S. Case No.48/2023, under Section 409/420 IPC, and an investigation was conducted. Upon completion of the investigation, a charge sheet was filed against the accused petitioner for offence under Section 409/420 IPC. However, during pendency of the trial, both parties amicably settled the matter by executing a Deed of Agreement on 08.09.2023, whereby the accused petitioner agreed to repay the entire amount in three instalments.
Upon completion of the investigation, a charge sheet was filed against the accused petitioner for offence under Section 409/420 IPC. However, during pendency of the trial, both parties amicably settled the matter by executing a Deed of Agreement on 08.09.2023, whereby the accused petitioner agreed to repay the entire amount in three instalments. Accordingly, the accused petitioner has repaid the full amount to the informant. Consequently, by a Declaration dated 10.01.2024, the informant/respondent No.2 has confirmed that he has received the entire amount back from and on behalf of the accused petitioner. As there is no liability against the accused petitioner, he has no further grievance against him. The informant also informed the IO of the case regarding the settlement and requested for discharge of the accused petitioner, as the FIR was lodged against him fornon-payment of the owed amount. 12. A mere perusal of the copy of the FIR, along with the contentions and the submissions made by the learned counsel for the parties, indicates that the present case involves business dealings between the parties. The non-payment of due amounts by the accused petitioner to the respondent No.2, appears to be a matter of civil nature. Therefore, the dispute is between the two individuals does not affect the society at large. Since the parties have amicably settled the matter, and the respondent/informant has received his due amounts back from the accused petitioner and no longer has any grievance against him, he does not wish to pursue the matter further. In light of this situation, there is little chance of the accused’s conviction. Thus, the continuation of the criminal trial would only cause hardships to the parties and result in waste of valuable judicial time, leading to futile effort. For the reasons stated above, I find sufficient merit in the submissions made by the learned counsel for the parties. 13. Further, in such circumstances it is now well settled that even though the offence alleged against the accused is not compoundable offence, the High Court or the Apex Court in exercise of their inherent powers may intercept the pending criminal proceedings. In this regard, a reliance can be taken on the principles of law laid down by the Hon’ble Apex Court in the case of Ram Gopal vs. State of Madhya Pradesh, 2021 SCC Online SC 384. 14.
In this regard, a reliance can be taken on the principles of law laid down by the Hon’ble Apex Court in the case of Ram Gopal vs. State of Madhya Pradesh, 2021 SCC Online SC 384. 14. In light of the above decision and considering that the case has been amicably settled between the parties, this Court is of the opinion that the pending criminal proceeding in G.R. Case No. 583/2023 arising out of Sub-Urban (SBN) P.S. Case No.48/2023, under Section 409/420 IPC, needs to be quashed. Accordingly, the G.R. Case No. 583/2023 corresponding to Sub-Urban (SBN) P.S. Case No.48/2023, under Section 409/420 IPC against the accused petitioner, Md.Helid Hannan pending before the Court of the Judicial Magistrate First Class, Dimapur is hereby set aside and quashed. 15 . With the above observations, this criminal petition is allowed and disposed of.