SHILLONG, MAR 18: The Meghalaya High Court of Meghalaya has quashed a 2021 FIR against Bimlan Sohshang after the complainant said the dispute had been settled and told the court she had no objection.
In its judgment passed on March 16, the bench headed by Chief Justice Revati Mohite Dere allowed the petition and set aside P.S. Case No. 13(08) 2021 and the ensuing sessions proceeding, noting that the complainant affirmed an amicable resolution.
The court directed Sohshang to pay ₹25,000 directly into her account within four weeks and listed the matter on April 14 to record compliance.
The FIR, registered at Mawkyrwat Women Police Station, alleged offences under Sections 307, 326, 354, 511 and 506 of the IPC.
The complainant, whose husband died in 2020, said she had lived with Sohshang before a clan meeting arranged their separation.
She alleged he confronted her en route to Langlew village, threatened her, and caused minor injuries; medical records showed only scratches and bruises.
Applying Supreme Court precedent, the bench said a case under Section 307 IPC cannot be quashed by consent unless no such offence is disclosed.
“In the present case, keeping the aforesaid facts in mind and the nature of injuries, it is evident that no case under Section 307 IPC is disclosed qua the petitioner. Neither an offence under Section 326 is made out. The offence, if any, would be a lesser offence and hence, keeping the aforesaid factors in mind and the medical certificates, quashing of the FIR and consequently, the proceeding arising therefrom, with the consent of the parties can be permitted,” it said.
“Accordingly, the petition is allowed and the FIR bearing P.S. Case No. 13(08) 2021 registered with the Mawkyrwat Women Police Station and consequently, the proceeding being Sessions Case No. 5 of 2022 pending before the learned Chief Judicial Magistrate, Mawkyrwat, are quashed and set aside subject to the petitioner depositing cost of ₹ 25,000/- directly into the account of the respondent No. 3 within four weeks from today,” the bench further stated.
