Gauhati High Court
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GAHC010039852023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./182/2023
DR. SHAHEEN RAHMAN AND ANR
S/O LATE MUKIBAR RAHMAN
R/O TOKOBARI, HOUSE O. 57,
S.J. ROAD, NEAR RAILWAY GATE NO. 4, GUWAHATI, P.S. BHARALUMUKH
DIST. KAMRUP (M), PIN-781001
2: JASMINE AHMED
W/O DR. SHAHEEN RAHMAN
R/O TOKOBARI
HOUSE NO. 57
S.J. ROAD
NEAR RAILWAY GATE NO. 4
GUWAHATI
P.S. BHARALUMUKH
DIST. KAMRUP (M)
PIN-78100
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. I CHOUDHURY
Advocate for the Respondent : PP, ASSAM
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:: BEFORE ::
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
28.02.2023
Heard Mr. I. Choudhury, the learned counsel appearing for the
petitioners. Also heard Mr. P. Borthakur, the learned Addl. Public Prosecutor
representing the State of Assam.
2. This application under Section 482 of the CrPC praying for quashing the
FIR in respect of All Women Police Station Case No.36/2021 under Section 498-
A and 506 of the Indian Penal Code.
3. The informant/wife has alleged that her husband has been subjecting
her to mental as well as physical harassment for the last 16 years of their
marriage. The husband allegedly threatened the wife that he would have her
raped by 10 persons. Finally, the wife had to leave her matrimonial house and
has been residing in the house of her parents since then.
4. Now, both the husband and wife joined together to file this application
stating that the case arose out of misunderstanding of facts. They further
stated that their disputes are already solved.
5. The learned counsel for the petitioner submits that since the offence
under Section 498-A of the Indian Penal Code is not a compoundable offence,
therefore the petitioners had to come to this Court to file the present
application.
6. I have considered the submissions made by the learned counsels of both
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sides.
7. The guiding principle for quashing of an FIR has been laid by the Hon'ble
Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335. Para
102 of the judgment is quoted 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 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.
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(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."
8. This is a dispute between husband and wife. There is no allegation that
the husband had demanded dowry. In Bhajan Lal (supra), the Supreme Court
has held that when the allegations made in the First Information Report, even if
taken at their face value and accepted in their entirety, do not prima facie
constitute any offence or makes out a case against the accused the the
power under Section 482 CrPC can be exercised by the High Court.
9. In the case in hand, the FIR does not disclose a prima facie case under
Section 498-A of the Indian Penal Code. Moreover, since the husband and wife
had settled their dispute amicably, this Court is of the opinion that the
possibility of a future conviction is bleak. Thus, this is a fit case for exercising the
power under Section 482 CrPC. Accordingly, the FIR in respect of All Women
Police Station Case No.36/2021 under Section 498-A and 506 of the Indian
Penal Code stands quashed.
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The criminal petition stands disposed of.
JUDGE
Comparing Assistant
