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2022 0 Supreme(Gau) 116
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN, J.
Md. Zenaid Uddin Ahmed @ Md. Zunaid Uddin Ahmed, S/o. Harej Uddin Ahmed - Petitioner
Versus
The State of Assam, Rep. by The PP, Assam & Ors. - Respondents
Crl. Pet. No. 790 of 2021
Decided On : 02-03-2022

Point of Law : Power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised to quash the criminal proceedings which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.

Code of Criminal Procedure, 1973 - Section 482 – Indian Penal Code, 1860 - Sections 366, 376 – Punishment for Rape – Savings of inhernt powers of High court - Kidnapping, abducting or inducing woman to compel her marriage, etc - Petitioner, proposed to love her and accordingly, she agreed to same - Thereafter, while she was proceeding towards her College, petitioner allured her and took her to house of his uncle, maternal uncle and aunt - And thereafter, petitioner, on pretext of dropping her at her residence, took her to market, under Police Station and thereafter he left her there and fled away - And during aforesaid period petitioner committed rape upon her - whether proceeding under Sections 366/376 IPC can be quashed on basis of affidavit submitted by petitioner.

Finding of the Court:

Legal proposition, that can be crystallized from discussion here in above is that power under Section 482 of Code of Criminal Procedure, 1973 cannot be exercised to quash criminal proceedings which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society - Petitioner is charge-sheeted under section 366/376 IPC. offences are not private in nature - They are serious offence and mental depravity is involved in same and it has serious impact in society - And therefore, it cannot be said that it is in interest of society to quash criminal proceeding against petitioner who is involved in offence of such a serious nature -While submission of learned counsel of petitioner and respondent No.2 are considered in light of aforesaid discussion, same left this court unimpressed.

Result: Petition stands dismissed

Catch Words :

Cases Referred:
State of Madhya Pradesh vs. Laxmi Narayan and Ors., (2019) 5 SCC 688 - Referred By
Gian Singh v. State of Punjab, (2012) 10 SCC 303 - Referred By

Advocates Appeared :
For the Petitioner : Mr. M. Saikia.
For the Respondents : Ms. B. Bhuyan, PP., Mr. S.H. Sikder.

Md. Zenaid Uddin Ahmed @ Md. Zunaid Uddin Ahmed, S/o. Harej Uddin Ahmed VS State of Assam, Rep. by The PP, Assam

JUDGMENT :

This application under Section 482 of the Cr.P.C. is preferred by the petitioner, namely, Md. Zenaid Uddin Ahmed @ Md. Zunaid Uddin Ahmed, for quashing of criminal proceeding in P.R.C. Case No. 276/2021, under Sections 366/376 of the IPC arising out of Rupahihat P.S. Case No. 313/2019 pending in the Court of the learned Judicial Magistrate 1st Class, Kaliabor, Nagaon.

2. It is to be noted here that Rupahihat P.S. Case No. 313/2019 under Sections 366/376 of the IPC, has been registered on the basis of one F.I.R. lodged by one, Ms. Sumsun Nehar (actual name withheld)/respondent no.2, on 06.05.2019, to the effect that while she was studying in Kaliabor College, then one Md. Zuniauddin Ahmed, the petitioner, proposed to love her and accordingly, she agreed to the same. Thereafter, on 30.04.2019, while she was proceeding towards her College, the petitioner allured her and took her to the house of his uncle, maternal uncle and aunt. And thereafter, on 05.05.2019 at about 12 pm, the petitioner, on the pretext of dropping her at her residence, took her to the market, under Samguri Police Station and thereafter he left her there and fled away. And during the aforesaid period the petitioner committed rape upon her. On receipt of the F.I.R., the Officer-in-Charge, Kaliabor Police Station, registered a case, being Kaliabor P.S. Case No. 46/2019 under Sections 366/376 IPC, and endorsed one ASI to investigate the case. But, later on, the same was transferred to the Rupahihat Police Station as the place of occurrence took place in the jurisdiction of Rupahihat Police Station and then the Officer-in-Charge of Rupahihat

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