Manipur High Court Quashes Criminal Case Against Cabinet Minister Thongam Biswajit Singh After Settlement With Complainant
The Manipur High Court on Tuesday (July 23) quashed the criminal case against Cabinet Minister Thongam Biswajit Singh after a settlement was arrived between Singh and the complainant.
Singh, who is MLA from Thongju Assembly Constituency in Manipur, holds the portfolios of Power Department, Forest, Environment & Climate Change Department, Agriculture Department, and Science & Technology Department in the Government of Manipur.
The complainant was Singh's former wife who married him on 31-1- 2018 in a ceremony (LOUKHATPA) and was living together till 26-11-2019. She had filed a complaint against him alleging that he had committed voluntarily causing grievous hurt, attempt to commit offences punishable with imprisonment for life or other punishments which are punishable under Section 307 (attempt to murder), 313 (causing miscarriage without woman's consent), 325 (grievous hurt), 354 (criminal force to any woman), 378 (theft), 498(A) (cruelty), 511 and 34 IPC arising out of their domestic dispute.
During the pendency of the case, a compromise agreement was entered between Singh and the complainant, stating that they shall cooperate in withdrawing all the cases by filing necessary applications before the appropriate Court and they, further, agreed that in case of necessity, they would move the higher Courts for quashing of all other non-compoundable cases pending against each other.
In lieu of such an agreement, Singh along with his wife approached the High Court to quash the non-compoundable case registered against them by the complainant.
The bench comprising Justice Golmei Gaiphulshillu upon hearing counsel for the parties stated that though the offence arising out of an FIR comes under the category of a non-compoundable offence, since the issue involved in the case pertains to matrimonial/family dispute between the parties and it is an admitted position of the fact that this case was filed by the Singh's Wife against him, therefore, the court in the exercise of the inherent powers contained under Section 482 CrPC quashed the pending criminal case against Singh.
In doing so, the Court has relied on the Supreme Court's Judgment of Jitendra Raghuvanshi & Ors. v. Babita Raghuvanshi & Anr. (2013) 4 SCC 58, wherein the court that the High Court can quash the FIRs in a matrimonial dispute of a non-compoundable nature under Section 482 CrPC if the parties have amicably settled their disputes.
Accordingly, the petitioner was allowed, and the pending criminal case against Singh was quashed.
Counsels for Petitioner(s) Mr. HS Paonam, Senior Advocate assisted by Mr. S. Gunabanta, Advocate
Counsels for Respondent(s) Mr. SamarjitHawaibam, PP
Case Title: Shri Thongam Biswajit Singh & Ors. Versus State of Manipur