A single bench of High Court Manipur, Justice Golmei Gaiphulshillu on Tuesday (July 23) quashed a criminal case against cabinet minister, Th Biswajit, after settlement was arrived between the minister and complainant.
Minister Biswajit, who is the MLA of Thongju assembly constituency, holds the portfolio of Power Department, Forest, Environment & Climate Change Department, Agriculture Department and Science & Technology Department. In the previous Government, he was assigned the portfolios of Public Works Department, Power, RD&PR, Information & Public Relations, Administrative Reforms & State Academy of Training, Textiles, Commerce & Industries.
The HC was approached to quash or set aside a pending case held before the Special Court for MP/MLA No. 1, Manipur at Lamphel Court Complex.
A complainant, Rebecca Sorokhaibam, lodged the complaint before the Special Court stating that the minister and his wife have committed voluntarily causing grievous hurt, attempt to commit offences punishable with imprisonment for life or other punishments which are punishable under Section 307, 313, 325, 354, 378, 498(A), 511 and 34 IPC arising out of their domestic dispute.
However, the minister and complainant settled the matter with deed of agreement, voluntarily/mutually agreed that they shall cooperate with each other in withdrawing all the cases by filing necessary application 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.
The counsel of the petitioner submitted before the HC that since a settlement has been reached between the parties and continuing with the criminal proceedings would serve no purpose, as there exists no possibility of conviction based on the material available on record, the present petition may be allowed.
In case the Special Trial No. 2 of 2020 is allowed to proceed in spite of settlement between the parties, the same would perpetuate discord and disharmony between the parties, the counsel stated.
The HC observed that it is evident that the case pending before the Special Judge No. 1 (MPs/MLAs) being Special Trial No. 2 of 2020 is of non-compoundable offence but, 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 complainant against the minister and his wife.
Since the parties had settled their matter, the HC in exercise of its inherent powers quashed criminal proceedings or FIR in the case, in order to meet the ends of justice.
