SUNIL KUMAR THAPA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Petitioners are married to each other, they had developed some hostility which gave rise to lodging of an FIR by the petitioner No. 2 against her husband petitioner No. 1 registered as Rynjah P.S. Case No. 130 (8) 14 under Section 498 A/447/426/509/34 IPC. On completion of the investigation, charge sheet No. 3/2015 was filed against a number of accused but others were discharged whereas, petition No. 1 had to face the trial. Now by the instant petition, quashing of the proceedings of G.R. Case No. 476(A) 2014 pending in the court of the Judicial Magistrate, First Class, Shillong, is sought. Copy of the Deed of Compromise has been placed on records wherein, petitioners have resolved the controversies with the intervention of the well-wishers, friends and family members.

(2.) Learned counsel while relying on the judgment rendered by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab and Another: (2012)10 SCC 303 prays that the instant case is fit for acceptance of the compromise. Inherent power under Section 482 can be exercised even in non-compoundable cases where the parties have settled their difference with a word of caution that inherent power has to be exercised after having regard to nature and gravity of the crime and its societal impact. In the case of the petitioners herein, the commission of alleged offence is not that heinous, it happens that the husband and the wife fight and loss faith in each other.

(3.) Be that as it may, by exercising the jurisdiction under Section 482 CrPC in the instant case, the relationship between the husband and wife i.e., petitioners will remain undisturbed, hostility will get mitigated, same will help to allow the petitioners to live a peaceful married life. It is in the same background, learned AG has not opposed to the submissions as made by the learned counsel for the petitioners.