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2025 DAILYLAW 84 (MEG)

HIGHWELL MAJAW AND ANR. v. STATE OF MEGHALAYA

Crl.Petn./79/2025 · 2026-03-24

Revati Mohite Dere

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn.No.79/2025 Date of Order: 24.03.2026 Shri Highwell Majaw Smti. Ebalari Rani .... Petitioner Vs. The State of Meghalaya, represented by the Secretary to the Govt. of Meghalaya, Home (Police) Department, Meghalaya. ..... Respondent Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioner : Mr. M.F. Qureshi, Adv For the Respondent : Mr. K. Khan, AAG with Mr. S. Sengupta, Addl.PP Mrs. S. Laloo, GA i) Whether approved for reporting in No Law journals etc.: ii) Whether approved for publication in press: No JUDGMENT: Heard learned counsel for the parties. 2. Rule. Rule is made returnable forthwith with the consent of the parties and the aforesaid petition is taken up for final disposal. Serial No.04 Daily List 2026:MLHC:263 3. By this petition, the petitioners i.e., the petitioner No.1 (accused) and the petitioner No.2 (original complainant) seek quashing of the FIR registered with Sardar Police Station being Sardar P.S. Case No.153(07) of 2019 for the alleged offences punishable under Sections 323 and 354 of the IPC and consequently, the proceeding pending before the Chief Judicial Magistrate, Shillong. Quashing is sought as stated aforesaid by consent. 4. According to the petitioner No.2 (original complainant), the incident took place when she and the petitioner No.1’s wife had gone to the Treasury Office to demand maintenance from the petitioner No.1. According to the petitioner No.2, the petitioner No.1 slapped her and outraged her modesty. Pursuant thereto, the petitioner No.2 lodged the aforesaid FIR with the Sardar Police Station alleging the aforesaid offences. After investigation, chargesheet was filed in the said case and the case is presently pending before the learned Chief Judicial Magistrate, Shillong. 5. During the pendency of the case, the parties i.e., the petitioner No.1 and petitioner No.2 entered into a settlement. By the said settlement, the petitioner No.2 has decided to give her 2026:MLHC:263 no objection to the quashing of the case registered by her against the petitioner No.1. 6. The petitioner No.2 has also filed her affidavit dated 25th February, 2026. In the said affidavit, she has stated that the incident took place in the heat of the moment and that she had forgiven him for his unintentional actions. She has stated that she did not wish to pursue the case against the petitioner No.1 and as such, has no objection to the quashing of the same. The petitioner No.2 (original complainant) is present in person. When questioned, she reiterates what is stated by her in the affidavit. She is identified by her counsel and by the identity card of the Election Commission of India annexed to her affidavit. 7. Considering the judgments of the Apex Court in this regard and the nature of dispute, there is no impediment in allowing the petition. 8. Accordingly, the FIR registered with Sardar Police Station being Sardar P.S. Case No.153(07) of 2019 for the offences punishable under Sections 323 and 354 of the IPC and consequently, the proceeding pending before the learned Chief Judicial Magistrate, Shillong is quashed and set aside. 2026:MLHC:263 9. Rule is made absolute on the aforesaid terms. 10. The petition is allowed and disposed of on the aforesaid terms. 11. The petitioner No.1 to pay ₹10,000/- in cash to the petitioner of No.2, since she does not have an account. The said amount to be paid within three weeks from today. It is made clear that the FIR and consequently the proceeding are quashed and set aside subject to the petitioner No.1 paying ₹10,000/- to the petitioner No.2 within three weeks. 12. Stand over to 16th April, 2026 for recording compliance of the payment of ₹10,000/- by the petitioner No.1 to the petitioner No.2. (Revati Mohite Dere) Chief Justice Meghalaya 24.03.2026 “Lam DR-PS” 2026:MLHC:263 Digitally signed by LAMPHRANG KHARCHANDY Date: 2026.03.24 17:22:28 IST