TRIPESH CHANDRA DAS Vs. DEBENDRA CHANDRA DAS
LAWS(GAU)-1994-9-25
HIGH COURT OF GAUHATI
Decided on September 08,1994

NRIPESH CH.DAS Appellant
VERSUS
DEBENDRACH.DAS Respondents

JUDGEMENT

- (1.)The petitioner has filed this Criminal Revision against the order dated 24.10.89 passed by the Executive Magistrate, Karimganj in Case No. 412 (M) of 1988 under Section 107 Cr,.P.C. - Pressing the compromise petition executed between the parties filed in the aforesaid case and also the order dated 30.3.90 passed by the said Magistrate dismissing the aforesaid proceedings without taking into consideration and disposing the aforesaid compromise petition.
(2.)The case of the petitioner is that the petitioner has filed an application U/s 107 Cr. P.C. on 30.12.88 in the Court below. On perusal of the Police report being satisfied regarding apprehension of breach of peace in tbe locality a case was registered and accordingly notices were served to the oposite parties. Thereafter the Opposite Party No. 3 along with the petitioner filed a compromise petition on 21.10.89 informing the amicable settlement between the Opposite Party No. 3 and the petitioner, and the same compromise petition was placed on record by the Executive Magistrate wide order passed on . , 24.10.89. That in the final order, while the petition of the petitioner was dismissed, the aforesaid compromise petition was not considered and in that petition the Opposite Party No. 3 amitted the breach off peace. Thereafter the petitioner preferred this revision on the ground that by "met considering the same compromise petition and dismissing the petition on extraneous reason, the petitioner has been prejudiced.
(3.)Section 107 Cr.P.C. defines the power of the Magistrate and if the Magistrate is satisfied he can drop the proceeding under the said section. But for preventing the breach of peace. The Magistrate is authorised to take proceeding against the person, if upon information by an application or police report, satisfied that there is likelyhood of breach of peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, and, if necessary the Magistrate can ask the opposite party to Execute a bond under Section 116 (3) Cr.P.C. The legal position under the provision of Section 107 is that this section is preventive and not punitive and therefore where wrongful acts have been committed, this section is appropriate. The main point is satisfaction of Magistrate. If at any stage of the proceeding the Magistrate finds that there is no possibility of breach of peace, the proceeding can be dropped, however the life of the proceeding is only for one year and after one year it automatically be dropped. In some cases if the Magistrate is satisfied can extend the lease of the proceeding.


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