LEADINGSTAR NIANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Case No. 46 (3) of 2018 of P.S. Jowai as registered on the basis of FIR dated 01.03.2018 for commission of offence punishable under Sections 336/426/427/506/436/511/34 IPC, is sought to be quashed by invoking powers under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The offences punishable under Sections 336, and 436/511 are not compoundable.

(2.) Vide order dated 13.03.2018, while noticing the submission of the learned senior counsel for the petitioners to the effect that the parties intend to settle the matter, they were given the liberty to move an appropriate application before the trial court concerned and to get their statements recorded.

(3.) The statements of the parties i.e., the complainant and the petitioners recorded by the learned trial court have been submitted in a sealed envelope. Perusal of the statement of the complainant suggests that there shall be no prospect of the case on completion of investigation to culminate in filing charge-sheet against the petitioners. The complainant in his statement has made it clear that no injuries were caused and house was also not burnt down. Initially, he was not inclined to lodge FIR but was prompted by some third party to do so. Now, he has settled the matter with the accused (petitioners) voluntarily.