LAWS(MEGH)-2015-11-12

SUZIE BENGONIA MAWKHLIENG Vs. STATE OF MEGHALAYA

Decided On November 17, 2015
Suzie Bengonia Mawkhlieng Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Crimial P.C. for quashment of FIR No. 59(4) of 2015 registered under Sections 447/345/354(A) Penal Code at Laitumkhrah Police Station on 17.04.2015 on the ground that the controversy arose out of pre-marital dispute and now the parties have settled their differences and also filed the compromise Deed before the Judicial Magistrate, First Class. Besides, the complainant girl, namely, Ms Suzie Bengonia Mawkhlieng, has also given a similar statement before this Court. The compromise Deed filed before the Magistrate on reproduction would read as :

(2.) It appears from the statement that the complainant is not at all interested to pursue the matter and the impugned dispute has been settled with the intervention by the family elders of both the parties.

(3.) Hon 'ble the Apex Court in Gian Singh Vs. State of Punjab and another, reported in (2012) 10 SCC 303, has held that inherent power of High Court under Sec. 482 CrPC is distinct and different from power of a criminal court for compounding offences under Sec. 320 Crimial P.C. In cases where the parties have settled their disputes and there is a remote possibility of conviction if the trial proceeds, where the Court finds it unfair and contrary to the interest of justice to continue with the criminal proceedings and where continuation of the criminal proceedings would tantamount to abuse of process of law, in order to secure the ends of justice, the High Court can put an end to the pending proceedings by quashing them under Sec. 482 Crimial P.C.