SALDONI SAWKMIE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this application, the petitioner has prayed for quashing of the GR Case No. 217(A) of 2015 pending in the Court of Magistrate First Class, East Khasi Hills, Shillong under Sec. 7 of the Essential Commodities Act, 1955 on the basis of the Compromise Deed dtd. 3/10/2024 entered into between the petitioner and the respondents No.2 - 11.

(2.) The fact of the case is that the FIR dtd. 23/2/2015 was lodged against the petitioner by the respondents No.2 - 11 along with 3 others alleging that they did not receive the PDS supply/ration for the last 13 months because the dealer of Mawripih village refused to supply the same on the pretext of a decision taken by the village committee. It is stated that the 3 others, who joined the respondents No.2 - 11 as complainants in filing the FIR, have passed away before the institution of the present case.

(3.) The learned Counsel for the petitioner submits that during the pendency of the trial, the petitioner and the respondents No.2 - 11 have amicably settled the matter by a Compromise Deed dtd. 3/10/2024. She submits that since the matter has been compromised, no meaningful purpose will be served by allowing the continuation of the trial. It is further submitted that the allegations made in the complaint is purely private in nature having no bearing on the law and order situation of the State. The learned Counsel submits that since the offence involved in the matter is a non-compoundable offence, the petitioner has no other option but to approach this Court seeking quashing of the entire proceeding of the GR Case No. 217 (A) of 2015. The learned Counsel places reliance on the decision of the Apex Court in Gyan Singh Versus State of Punjab and Another, (2013) 10 SCC 303 and also the decision of this High Court in Pynshailang Nongspung Versus State of Meghalaya and Another, 2023 SCC OnLine Megh 142 to impress upon the Court that the jurisdiction under Sec. 482 Cr.PC/ Sec. 528 BNSS Act can be invoked to quash criminal proceeding on the basis of settlement between the parties involved in the matter. The learned Counsel submits that the Compromise Deed dtd. 3/10/2024 has been executed voluntarily without any undue interference and prays that the proceeding of the GR Case No. 217(A) of 2015 be quashed.