TENZIN TSEPHEL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. N. Syngkon, learned Counsel appearing for the petitioner and also Mr. N.D. Chullai, learned AAG assisted by Mr. E. R. Chyne, learned GA appearing for the State-respondent.

(2.) This is an application under Sec. 482 Cr.PC filed by the petitioners seeking quashing of FIR dtd. 13/10/2020 filed before the Officer-in-Charge, Rynjah Police Station in Rynjah P.S Case No. 124(10) of 2020 under Sec. 376D/34 and the proceeding of Sessions Case No. 26 (T) 2023 initiated on the basis of the said FIR.

(3.) Mr. N. Syngkon, learned Counsel for the petitioner draws attention of this Court to a letter dtd. 18/7/2022 purportedly written by the survivor in the above case addressed to the Rynjah Police Station, Shillong wherein it was stated by her that considering all the aspects of the matter and, more particularly since both the arrested persons are very young, out of her forgiveness, she did not want to proceed any further against them in connection with the aforesaid case. The learned Counsel contends that the said letter undoubtedly proves the presence of consent of the survivor in the incident basing on which the criminal proceeding has been initiated against the petitioners. He further submits that since the survivor is a major, presence of her consent in the matter would definitely negate the charges made against the petitioners and hence this is a fit case for this Court to invoke inherent jurisdiction under Sec. 482 Cr.PC to quash the FIR as well as the proceeding initiated against the petitioners.