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Judgment
Heard the learned counsel for the petitioners as well as Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
Case Diary have already been produced and perused the same.
The informant Jayanti Sarmah/petitioner no.2 lodged an FIR on 11.05.2015, alleging inter alia that on 10.05.2015 someone had ringed her from
telephone no.9085083399 and abused in filthy languages; blackmailed her and threatened that if money is not paid to him (accused petitioner no.1),
then he will kill the informant as well as her children. On the basis of said FIR, Hatigaon P.S. Case No.128/2015 was registered under Section
387/507/509/506/294 IPC and charge sheet was also laid against the accused person, namely- Shohidul Islam on the said sections of law. The court
also took cognizance of the offence under said sections of law and issued summon to the accused person.
At this stage, said informant as well as the accused person have appeared before this Court where both of them have jointly filed the present petition
under Section 482 CrPC for quashing the FIR as well as the entire proceeding arising out of the Hatigaon P.S. Case No.128/2015 and the subsequent
criminal proceeding in G.R. Case No.4874/2015 pending before the court of Judicial Magistrate First Class, Kamrup (Metro), at Guwahati on the
ground that the matter has been amicably settled between the parties. Moreover, the informant is not interested to proceed with the case.
As the informant herself is the petitioner no.2 in the present case, so no separate notice was served upon her. However, she was directed to file
additional affidavit regarding her settlement. Accordingly, the informant/petitioner no.2 has filed the additional affidavit asserting the same fact,
although she filed the FIR on being threatened from telephone no.9085083399 that if demanded money is not given, she and her children will be killed.
But now the accused person i.e. petitioner no.1 as well as the informant/petitioner no.2 have settled the matter amicably outside the court and are
living peacefully and hence she is not interested to proceed with the case any further.
On perusal of the Case Diary, it also reveals, save and except of certain allegations of threatening by the present accused petitioner no.1 and no any
other overt act was done to extort money or otherwise and it appears that it is a matter of threatening simpliciter.
Considering the nature of accusation, no severity of the offence is made out. On the other hand, the parties has amicably settled the matter outside the
court and the informant being a lady has come forward for such settlement which should be considered in the given facts and circumstances.
Having regard to the materials on record and the assurance given by the informant that she will not proceed with the matter, it can be inferred that she
will not support the case even if the case is allowed to proceed, so much so, it will be nothing but the abuse of process of law.
Taking note of all, this Court is of the opinion that it is a fit case to invoke the provision of Section 482 Cr.P.C. Accordingly, the petition is allowed and
the entire proceeding pertaining to Hatigaon P.S. Case No.128/2015 and the subsequent criminal proceeding in G.R. Case No.4874/2015 pending
before the court of Judicial Magistrate First Class, Kamrup (Metro), at Guwahati is hereby quashed and set aside.
The petition stands disposed of.