Faizur Rahman Laskar vs The State Of Assam And Anr
2022 Latest Caselaw 2570 Gua

                                                                   Page No.# 1/4

GAHC010063112021




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : Crl.Pet./240/2021

            FAIZUR RAHMAN LASKAR
            S/O LATE HAJI NASIB ALI LASKAR, R/O HASIM CHOUDHURY ROAD,
            HAILAKANDI TOWN, WARD NO. 11, P.O.-RATANPUR ROAD, P.S.-
            HAILAKANDI, DIST- HAILAKANDI, ASSAM-788155



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:KUTUB ALI
             S/O LATE WAZID ALI
             R/O VILL- CHARARPAR (NEAR BAZAR)
             P.O.-BHAIRAB NAGAR
             P.S.-RAMKRISHNA NAGAR
             DIST-KARIMGANJ
            ASSAM
             PIN-78815

Advocate for the Petitioner    : MR. S BANIK

Advocate for the Respondent : PP, ASSAM

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

Date : 29-07-2022

JUDGMENT & ORDER (CAV) Page No.# 2/4

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1 and Mr. A Rahman, learned counsel appearing for the respondent No.2.

2. This application under Section 482 Cr.P.C. read with Sections 397 and 401 Cr.P.C. has been filed by the petitioner praying for quashing the proceeding of G.R. Case No. 2879/2019 arising out of Ramkrishna Nagar Police Station Case No. 131/2019 registered under Sections 342/325/506 of the IPC pending in the court of learned Additional Chief Judicial Magistrate, Karimganj, Assam.

3. The scanned copy of the case record along with the case diary, as called for, is placed before the court.

4. Mr. M. Ahmed, learned counsel appearing for the petitioner, submitted that in the above noted case, the police, after completion of investigation, laid a charge- sheet under Sections 342/323/506 of the IPC against the petitioner. Mr. Ahmed further submitted that the aforementioned offences are compoundable under Section 320 Cr.P.C. and the incident has been compromised amicably between the informant /respondent No.2 herein on behalf of his minor son victim and the petitioner on 27.12.2021. Therefore, Mr. Ahmed submitted that continuation of the proceeding in G.R. Case No. 2879/2019 will be an abuse of the process of court and affect the cordial relationship that has developed between the parties. Mr. Ahmed has relevantly drawn attention to the averments made by the petitioner in the Additional Affidavit.

5. Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State/respondent No.1 and Mr. A. Rahman, learned counsel appearing for the informant/respondent No.2 submitted no objection against the petitioner's prayer for quashing of the Page No.# 3/4

proceeding as the same will not have any impact on the society and in the better interest of both the parties.

6. An F.I.R. was lodged with the in-charge of Kalibari police out post under Ramkrishna Nagar Police Station on 09.11.2019 alleging that on 07.11.2019, the petitioner, who is a teacher of Chararpar M.E.School, had beaten his son, a student of class V of the said school and then restrained him in his injured condition in the school.

7. A perusal of the case record along with the case diary reveals that after completion of investigation police laid a charge-sheet against the petitioner under Sections 342/323/506 of the IPC. On the other hand, the learned Additional Chief Judicial Magistrate, Karimganj, after taking cognizance of the aforesaid offences, has issued summons to the petitioner for his appearance in the case vide order dated 03.07.2020. In the meantime, due to breaking out of covid-19 pandemic, the case has been pending at the appearance stage.

8. It may relevantly be pointed out that under Section 482 Cr.P.C., the High Court, may interfere (i) to give effect to any order passed by the court; (ii) to prevent abuse of the process of the court and (iii) to secure the ends of justice.

9. In the instant case, it is noticed that the F.I.R. was lodged by the father of the victim minor student and the charge-sheeted offences are compoundable under Section 320 Cr.P.C. The father of the minor victim is competent on the minor's behalf, with the permission of the court, to compound such offences under Section 320(4) Cr.P.C.

10. Having considered the matter in its entirety, this Court is of the opinion that the alleged charge-sheeted offences are being compoundable under Section 320 Cr.P.C. and the father of the victim child is competent to compound such offences Page No.# 4/4

on behalf of his victim minor son under Section 320(4) Cr.P.C., there is no legal necessity to invoke the inherent jurisdiction of the High Court to compound such offences under Section 482 Cr.P.C. to effect compounding of the aforesaid offences, which is well within the jurisdiction of the learned court below.

11. Therefore, the petition stands disposed of with direction to both the parties to file a joint application of compromise before the learned court below and if such joint application for compounding of offences is filed, the same shall be disposed of to secure the ends of justice to both the parties within the purview of Section 320 Cr.P.C.

12. With the above direction, the petition stands disposed of.

JUDGE

Comparing Assistant