Shillong, Jul 13: The Meghalaya High Court held that an FIR relating to obstruction of a public servant in the discharge of official duties cannot be quashed on the basis of a compromise.
Chief Justice Revati Mohite Dere in a judgement on July 8 refused to quash criminal proceedings against four persons for allegedly assaulting and obstructing a police officer of Bholaganj police checkpost.
The FIR was lodged by Sub-Inspector Pradeep Thapa against Ajit Das alias Avinash Das, Ara Kumar Hajong, Iasuklang War alias Duh and Pradip Paul under Sections 115(1)(2), 132, 121(1) and 3(5) of the BNS, pending proceedings before the Judicial Magistrate, Sohra.
The counsel for the accused relied on the compromise agreement entered into between them and Thapa, who had lodged the FIR.
“When a public servant is involved and is the complainant and having regard to the nature of allegation i.e., obstruction him for performing his public duty, it is not within the province of the police officer to give his consent to the quashing of the proceeding qua the accused. Hence, quashing cannot be entertained on the basis of the agreement entered into between the parties,” the chief justice said.
According to the FIR, the police officer and two constables—P. Nongtnger and B. Khardewsaw and one Mohindra Debnath—had proceeded to the limestone quarry of the accused, Avinash Das after an information was received that a person, who appeared to be Bangladeshi national was brutally assaulted.
Thapa stated that the team found a Bolero vehicle illegally using siren and that some persons had deboarded the Bangladeshi national and brutally assaulting him. About 30 to 35 persons were present at the quarry as Avinash and his colleague were creating disturbance and using criminal force upon the Bangladeshi national. In the FIR, the police said Avinash Das intentionally obstructed and assaulted the officer and used criminal force against him while performing his official duty as a public servant while Ara Kumar Hajong and Pradip Paul and another unidentified person continued to assault the Bangladeshi national and pushed him.
During investigation, witnesses stated that the accused had forcefully pushed the police officer with the intention that the police would not be able to rescue the victim.
The court said it is evident that prima facie the accused have committed the alleged offences.
“In this view of the matter, no case is made out for allowing this petition since, prima facie the facts disclose the commission of the alleged offence. Accordingly, the petition is dismissed,” the court said and allowed the Judicial Magistrate, Sohra to conduct the trial on its own merits uninfluenced by the observations made by the high court.
