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2025 DAILYLAW 298 (MEG)

SUCHORITA R. MARAK v. THE STATE OF MEGHALAYA AND 5 ORS.

Crl.Petn./30/2025 · 2026-08-31

Revati Mohite Dere

body2025

Judgment text

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HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn.No.30/2025 Date of Order: 31.08.2026 Suchorita R. Marak ..... Petitioner Vs. 1. The State of Meghalaya, represented by the Secretary to the Government of Meghalaya, Home (Police) Department. 2. The Superintendent of Police, Tura, West Garo Hills District, Meghalaya. 3. The Officer-in-Charge, Women Police Station, Tura, West Garo Hills District, Meghalaya. 4. The Officer-in-Charge, Tura Police Station, West Garo Hills District, Meghalaya. 5. Sub Inspector B.R. Marak, Investigating Officer, Tura Police Station, Tura, West Garo Hills District, Meghalaya. 6. Shri Jitherson A. Sangma ..... Respondents Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr. A. Joshi, Adv with Ms. P. Sunar, Adv Ms. R. Paul, Adv For the Respondents : Mr. J.N. Rynjah, GA Mr. G. Syngkrem, Adv for R/5 Mr. P.T. Sangma, Adv for R/6 Serial No.11 Daily List 2026:MLHC:960 JUDGMENT: (Oral) By this petition, the petitioner seeks quashing of the FIR registered with Tura Police Station, being Tura P.S. Case No.12 of 2025 and Tura P.S. Case No.28 of 2025, registered at the behest of the respondent No.6-Jitherson A. Sangma. 2. At the outset, it may be noted that the petitioner and respondent No.6 are husband and wife and that both the aforesaid cases have been registered at the behest of respondent No.6, as against the petitioner. 3. Considering the relationship between the parties, this Court vide order dated 31st July, 2026, referred the parties for mediation. Accordingly, Mr. E. Kharumnuid, Registrar General, High Court of Meghalaya was appointed as a Mediator. 4. The Mediator has submitted his report dated 6th August, 2026. From the said report, it appears that the mediation was successful and that pursuant thereto, the petitioner and the respondent No.6, have resolved their disputes and have arrived at a settlement. To the mediation report are annexed the terms 2026:MLHC:960 of settlement between the parties i.e., the petitioner and the respondent No.6. The said settlement agreement was executed on 5th August, 2026. The details of the proceedings are set out in paragraph 3 of the said settlement agreement; 5. The said settlement agreement also reveals that the respondent No.6 has agreed to withdraw, consent to quashing and to take all necessary steps for closure of all the FIRs and criminal proceedings initiated by him against the petitioner. The terms of settlement show that the parties have agreed that all the disputes, differences, claims, allegations and grievances arising out of their dispute have been settled and that both the parties have agreed to withdraw and have undertaken to file appropriate applications before the appropriate court in view of the amicable settlement between the parties. 6. The respondent No.6 has unequivocally agreed and undertaken to withdraw all allegations and complaints made by him against the petitioner. He has also undertaken not to oppose and fully support the quashing of the following proceedings. The proceedings are as under; 2026:MLHC:960 “3. The details of the said FIRs and proceedings are as follows:- i. Tura P.S. Case No.158 of 2024 under Section 305 of the Bharatiya Nyaya Sanhita (BNS), which is under challenge before the Hon’ble High Court of Meghalaya in Criminal Petition No.68 of 2024 pending before the coordinate Bench of the Hon’ble High Court. ii. Tura P.S. Case No.12 of 2025 under Sections 112(2)/329(3)(4)/305 of the Bharatiya Nyaya Sanhita (BNS), which has already been closed by the Investigating Officer vide Final Report No.88 of 2025. iii. Tura P.S. Case No.28 of 2025 under Sections 420/468 of the Indian Penal Code, which is under challenge before the Hon’ble High Court of Meghalaya in Criminal Petition No.30 of 2025. iv. WP (C) No.483 of 2024 pending before the Hon’ble High Court.” 7. Pursuant to the settlement, the petitioner has also handed over all the land pattas to the respondent No.6, vide land Patta No.23. Dag No.24, Patta No.31 Dag No.42, Patta No.127 Dag No.147 and Dag No.148, before the Registrar, High Court of Meghalaya. The respondent No.6 has also handed over the vehicle standing in his name to the petitioner, i.e. vehicle bearing No.AS01 MB 0443. Learned counsel for the respondent No.6 also states that even the personal belongings/articles of the petitioner and the children have been handed over by the 2026:MLHC:960 respondent No.6 to the petitioner and the children. Learned counsel for the petitioner accepts the said statement. 8. In this view of the matter and having regard to the settlement agreement entered into between the parties, the judgments of the Apex Court in Gian Singh v. State of Punjab & anr reported in (2012) 10 SCC 303 and Narinder Singh & ors v. State of Punjab reported in (2014) 6 SCC 466, including the relationship between the parties, there is no impediment if the petition is allowed. Accordingly, FIR registered with Tura Police Station, being Tura P.S. Case No.12 of 2025 and Tura P.S. Case No.28 of 2025, registered at the behest of the respondent No.6-Jitherson A. Sangma, stand quashed and set aside. 9. The petition is allowed and disposed of on the aforesaid terms. 10. All parties to act on the authenticated copy of this order. (Revati Mohite Dere) Chief Justice Meghalaya 31.08.2026 “Lam DR-PS” 2026:MLHC:960 Digitally signed by LAMPHRANG KHARCHANDY Date: 2026.08.31 17:53:29 IST