ANIL KUMAR KHANAL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of criminal proceedings in G.R. Case No.62 (S) 2019 in Laitumkhrah P.S. Case No.62(5) 2019 registered under Sections 498A/324 of the Indian Penal Code (IPC) pending in the Court of Judicial Magistrate First Class at Shillong.

(2.) Brief facts may be noticed.

(3.) According to the petitioner on 03.05.2019, the respondent No.4- complainant lodged an FIR against him before the Officer-in-Charge, Laitumkhrah Police Station based on mistaken notion of fact. Thereafter, a case was registered as Laitumkhrah P.S. Case No.62(5) 2019 under Sections 498A/324 IPC and the petitioner was arrested. According to the petitioner, the entire episode was the outcome of some differences between him and respondent No.4 but after the intervention of relatives and friends, the respondent No.4 out of free will on 16.05.2019 had filed an application for withdrawal of the FIR dated 03.05.2019 which was not accepted by the Officer-in-Charge, Laitumkhrah Police Station stating that the same shall have to be filed before the Court. In the month of May 2019, the petitioner had moved an application under Section 439 CrPC before the Court of District and Sessions Judge, Shillong for releasing him on bail which was allowed.