AGNES KHARSHIING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The instant petition has been filed under Section 482 Cr.P.C. with a prayer to quash P.S. Case No. 32(12) 2013 registered for commission of offence punishable under Section 182/203 IPC pending before court of Judicial Magistrate First Class, Mairang and order dated 10th July 2015 passed by trial court in pursuance whereof charges have been framed against the petitioner and respondent No. 4.

(2.) Briefly stated, the case has its own peculiar features. Respondent No. 4 had lodged a report against one Shri Thiwanstar Mawlong alleging commission of offence punishable under Section 506 IPC. Subsequent thereto statement of complainant (respondent No. 4) under Section 164 Cr.P.C. has been recorded wherein she has stated that FIR filed against accused Shri Thiwanstar Mawlong is false and allegations contained therein are also false. FIR was prepared by Ms. Agnes Kharshiing (petitioner) without understanding the contents complainant wrongly signed the same. FIR may be treated as cancelled as she withdraws it against Shri Thiwanstar Mawlong. The allegations leveled by her against the accused are completely false.

(3.) The final report under Section 173 Cr.P.C. submitted on completion of investigation, to Magistrate is to the effect that he could not find any proof to substantiate allegations FIR in fact is false in view of confessional statement of complainant. Learned Magistrate while considering said report, vide order dated 2nd December, 2013 has taken note of the fact, that complainant had falsely implicated the accused under Section 506 IPC. The said offence has been made cognizable and non-bailable in the State of Meghalaya. Finally, while taking serious note of lodging false report learned Magistrate has released the accused from judicial custody at the same time directed investigating officer to lodge FIR against both complainant (respondent No. 4) and petitioner under Section 182/203 IPC.