Shri. Kailash Medhi vs State of Meghalaya

Dinesh Maheshwari, CJ. (Oral)—By way of this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of charge sheet No. 48 of 2015 dated 28.04.2015 in G.R. Case No. 142 (S) of 2015, arising out of Laitumkhrah Police Station Case No. 197 (12) 2014 lodged by the petitioner''s wife (the respondent No. 2) for offences under Sections 506/323 IPC.

This petition was earlier adjourned by the Court while giving an opportunity to the parties to explore the possibility of settlement. However, neither any settlement has been arrived at nor any element thereof appears existing between the parties as at present. Therefore, and looking to the totality of circumstances, when this Court has found no reason to adjourn the matter further, learned counsel for the petitioner, after taking instructions, has proceeded to make submissions on merits.

The relevant facts and background aspects could be taken note of in the following: This matter is an off-shoot of an estranged marriage. The petitioner and the respondent No. 2 were married on 25.09.1998 and are having two children, a son and a daughter, respectively in about 12 and 4 years of age. The petitioner-husband is said to be engaged in a business at Guwahati whereas the respondent-wife is said to be serving as a Professor in St. Anthony''s College, Shillong since the year 2001 and she is residing at Shillong. Of course, there had been visits by the petitioner-husband to the place of residence of the respondent-wife but it appears that over the time, discord developed between them and got widened. It is also noticed that earlier, the parties had filed a petition for divorce by mutual consent in the Court of the Principal Judge, Family Court at Guwahati but the same was later on dismissed for want of their appearance.

The event leading to the F.I.R. lodged by the respondent wife and ultimately to the charge sheet against the petitioner-husband is said to have been taken place on 11.12.2014 when, according to the allegations, the petitioner-husband reached the work place of the respondent-wife i.e., St. Anthony''s College, Shillong; and pulled her to the second floor of the building that resulted in an injury on her wrist as also in tearing of her clothing. During the course of investigation on the F.I.R. so lodged in the matter bearing No. 197 (12) 2014 dated 11.12.2014 at Laitumkhrah Police Station, East Khasi Hills District, the respondent-wife was taken for medical examination, one of the clothes worn by her at the time of the incident was seized, and her statement was also recorded. The statement of one Shri. Mostaque Ahmed, said to be the Head of the Department at St. Anthony''s College, was also recorded. Ultimately, the Investigating Officer proceeded to submit the charge sheet bearing No. 48 of 2015 dated 28.04.2015 for offences under Sections 506/323 IPC against the petitioner whereupon G.R. Case No. 142 (S) of 2015 is registered in the Court of the Chief Judicial Magistrate, Shillong.

After lodging of the F.I.R. aforesaid, the respondent-wife also preferred the petition for dissolution of marriage that has been registered as Divorce Suit No. 1 (H) of 2015 and is said to be pending in the Court of the District Judge, Shillong. The petitioner, of course, filed a Transfer Petition bearing No. 539 of 2015 before the Supreme Court seeking transfer of the said Divorce Suit to the Family Court at Guwahati but the same was ultimately dismissed by the Hon''ble Supreme Court on 17.08.2015 while leaving it open for the parties to settle the lis before the mediator. The wife, however, stated before the District Judge, Shillong on 10.11.2015 that she was not interested in any conciliation. The petitioner is also said to have filed an application for restitution of conjugal rights in the Family Court at Guwahati, bearing No. F.C. (Civil) No. 343 of 2015.

The petitioner seeks quashing of Charge Sheet No. 48 of 2015 and dismissal of GR Case No. 142 (S) of 2015, inter alia, on the ground that no prima facie case is made out for filing of the charge sheet against him for offences under Sections 506/323 IPC. It is submitted by the learned counsel for the petitioner that charge sheet is based only on the statement of one witness namely, Shri. Mostaque Ahmed, an employee of St. Anthony''s College, but his statement had only been to the effect that upon reaching the place of occurrence, he witnessed a verbal argument between the husband and the wife. According to the learned counsel, no offence whatsoever is made out from this statement of Shri. Mostaque Ahmed. It is further submitted that even the medical examination report of the respondent-wife does not make out any ingredient of any offence. It is, thus, contended that there being no specific evidence on record to support the allegations made in the F.I.R., no prima facie case is made out against the petitioner; and therefore, filing of Charge Sheet against the petitioner remains wholly unjustified. It is also submitted that the F.I.R. has been lodged only in order to harass and pressurise the petitioner because of the matrimonial discord between the parties.

After having given thoughtful consideration to the submissions made and after having examined the record, this Court is unable to find any reason to consider interference.

It remains trite that this Court would consider quashing of the F.I.R. and the criminal proceedings thereupon in exercise of jurisdiction under Section 482 Cr.P.C. sparingly and only when clearly a case of abuse of process of Court or failure of justice is made out. In other words, it is only when the allegations made in the F.I.R. do not constitute an offence and there is no material on record carrying the ingredients of an offence that such a power of this Court, of quashing the criminal proceedings, may be exercised and else, the matter is left open for appropriate trial and conclusion by the Court concerned. In the present case, however, the ingredients of different offences are clearly contained in the F.I.R. and the allegations stand with prima facie support of the evidence collected during investigation.

The petitioner has not annexed with this petition the copies of the statements of the witnesses supporting the charge sheet. However, the record of G.R. Case No. 142 (S) of 2015 has been requisitioned and having examined the same, this Court is satisfied, prima facie, that not only ample and cogent material is directly available on record for the offences under Sections 506/323 IPC but and moreover, even the possibility of the Court, at the relevant time and the relevant stage, framing other charges, relating to authorised entry and trespass by the petitioner to the work place of the respondent-wife, is not ruled out.

The respondent-wife has categorically supported every allegation made in the F.I.R. The basic fact that the petitioner entered the work place of the respondent-wife i.e., the college, is further clearly stated by the witness Shri. Mostaque Ahmed. The fact that the petitioner indeed engaged the respondent-wife in some debating exchange is also undoubtedly stated in the statement of the said witness. The medical report as drawn at 7.00 pm on the very date of the incident indeed states a bruise on the right wrist of the respondent-wife. It remains seriously questionable as to under what authority or right did the petitioner at all entered the work place of the respondent-wife and engaged her in a verbal dual? The prima facie evidence on the record clearly makes out his acts of criminal intimidation as also of at least causing simple physical hurt. In fact, it is noticed that this very incident has been stated by the respondent-wife as part of her grounds in the petition seeking dissolution of marriage, as is seen from the pleadings in paragraphs 10 to 12 of the said petition (Annexure - 8 to this petition). The said petition for dissolution of marriage is being tried as Divorce Suit No. 1 (H) of 2015 and an attempt by the petitioner-husband to get the proceedings transferred to Guwahati Family Court has also failed with the Hon''ble Supreme Court having dismissed Transfer Petition (Civil) No. 539 of 2015.

In the totality of circumstances, this Court is unable to find any force in the arguments on behalf of the petitioner that the present criminal case has been foisted only in order to harass and pressurise him. The material available on record carries ample justification for filing of the charge sheet against the petitioner and it is required that the learned Trial Court proceeds with this matter with utmost expedition and irrespective of the stage/progress of the other matters pending between the parties. This petition is, therefore, required to be dismissed with further necessary requirements.

It is noticed on a perusal of record that the petitioner did not even put in appearance in the aforesaid G.R. Case No. 142(S) of 2015, before he chose to file this petition in this Court. Therefore, the petitioner is directed to remain present before the Trial Court on 14.07.2016.

The Trial Court shall take up the matter on 14.07.2016 and proceed in accordance with law with utmost expedition.

However, in the interest of justice, it is made clear that this Court has not pronounced finally on the merits of the case and it is left open for the learned Trial Court to consider the matter in accordance with law.

With the observations and requirements foregoing, this petition stands dismissed.

The record of the Trial Court be returned immediately.