Pragyan Chutia v. The State of Assam and Anr

PageoNo.#o1/4 GAHC010250792024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1447/2024o PRAGYANoCHUTIAo S/OoSRIoJATINoCHUTIAo R/OoBAHONIoGAON,o P.O.oANDo.S.oTINGKHONGo DIST.oDIBRUGARH,oASSAMo PINoCODE-o786612 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoITSoPP,oASSAM 2:SMT.oSMITAoTHAKURIA oD/OoSRIoKARUNAoTHAKURIAo R/OoSANTIPUR o KAKOPATHAR oP.O.oANoDP.S.oKAKAPATHARo DIST.oTINSUKIA oASSAMo PINoCODE-o78615o AdvocateoforotheoPetitionerooooo:oMRoSoBORTHAKUR,oMR.oDoGOGOIo AdvocateoforotheoRespondento:oPP,oASSAM,oPoKUNDUo(R2),GoKAUSHIKo(R2),MRoRoSENSUAo

(R2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

16.12.2024

Heard Mr. D. Gogoi, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam representing the State. Heard Mr. G. Kaushik, learned counsel appearing for the informant.

¶2This is an application under Section 528 of the BNSS, 2023 praying for quashing the criminal proceedings of G.R. Case No.1406/2024, arising out of Tingkhong P.S. Case No.101/2024 pending in the court of Judicial Magistrate First Class, Dibrugarh.

¶3A 25 year old girl has stated in the FIR that she was in love with the present petitioner for a long time. Though not socially or legally married, she used to put vermilion on her forehead. This was known to the family members of the present petitioner. But on many issues, the petitioner used to beat the girl. Even then, she continued her relationship with him. On a particular date, i.e. 31.08.2023, the petitioner allegedly harassed a colleague of the girl by calling her on mobile phone. The petitioner also threatened the girl that he would file a police case against her. Therefore, the informant girl went to the house of the petitioner to know as to what had happened with the other girl. On that day, the petitioner allegedly assaulted the informant girl. She says that she was badly beaten up by the petitioner on that day. The girl was mentally shattered. She sustained injuries on different parts on her body. Even then, the petitioner brought the girl to Dibrugarh Town and dropped her home. After that, the petitioner did not call her to know about her health. The informant girl says that in spite of all those incidents, she cannot break her relationship with the petitioner because she had put vermilion on her forehead in his name. Page No.# 3/4

¶4Though not stated in the FIR, during investigation, it is found that the girl was having regular physical relationship with the present petitioner.

¶5During pendency of the investigation, the informant girl had filed an affidavit, sworn before a Notary, stating that she does not have any interest in proceeding further with the case. She prayed before police that the petitioner should be allowed to go scot free. In spite of that, police filed the charge sheet against the present petitioner under Sections 376/493 and 323 of the Indian Penal Code.

¶6Today, the learned counsel Mr. Kaushik, appearing for the petitioner, submits that the boy and girl are young and they have a long future ahead of them. According to Mr. Kaushik, the girl is not at all interested in prosecuting the case before the trial court.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8The guidelines for consideration of a petition under Section 528 of the BNSS, 2023 has been laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads as under: "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any Page No.# 4/4 offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

¶9Reverting to the case in hand, I find that this is a dispute between a young couple with a long future ahead of them. Since both sides have settled their disputes, this Court is of the opinion that they should be given a chance to go into a beautiful future life. Under the given circumstances of the case, this Court is of the opinion that there is no possibility of future conviction in this case. So, allowing the criminal proceeding to continue before the trial court would be nothing but an abuse of the process of the court.

¶10This Court is the opinion that this is a fit case for exercising power under Section 528 of the BNSS, 2023. The criminal petition is allowed.

¶11The criminal proceedings of G.R. Case No.1406/2024, arising out of Tingkhong P.S. Case No.101/2024 pending against the present petitioner Sri Pragyan Chutia in the court of Judicial Magistrate First Class, Dibrugarh, is quashed and set aside. With the above direction, the criminal petition is disposed of.

JUDGE Comparing Assistant