Judgment: (Oral)

1. 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.

3. By this petition preferred under Section 528 of the BNSS, the petitioner seeks quashing of the FIR registered vide FIR No.49(6)2021 with the Tura Women Police Station for the alleged offences punishable under Sections 354/509/506 of the Indian Penal Code (IPC) and consequently, the proceeding pending before the learned Chief Judicial Magistrate at Tura, West Garo Hills, being G.R. Case No.48/2021.

4. Learned Senior Counsel for the petitioner states that taking the prosecution case as its stands from a perusal of the FIR as well as the chargesheet filed, no offences as alleged are disclosed qua the petitioner. He submitted that even otherwise during the pendency of the proceeding before the learned Chief Judicial Magistrate at Tura, West Garo Hills, the parties i.e., the petitioner and the respondent Nos.5 and 6 have amicably settled the dispute and have entered into a joint Compromise Deed.

Brief facts are as under:

5. According to the respondent No.5 (original complainant), the incident in question took place when she was working as a Female Health Worker at the College of Community Science, CAU, Tura and the petitioner was working as In-charge Dean in the College of Community Science at Tura. The respondent No.5 has alleged that the petitioner would ask her to visit her staff quarter to do domestic work and insist that she do body massage. She has stated that after sometime although, the petitioner stopped telling her to do massage, she continued to ask her to do domestic work like cleaning her house and washing utensils which was not the scope of her job. Pursuant to the aforesaid, the respondent No.5 lodged the aforesaid FIR as against the petitioner.

6. The respondent No.6, a Security Guard has also made similar allegations against the petitioner.

7. After investigation, chargesheet was filed in the said case and the said case is presently pending before the learned Chief Judicial Magistrate, Tura, West Garo Hills.

8. It appears that during the pendency of the aforesaid proceeding, the parties entered into a joint Compromise Deed and as such, settled the dispute amicably. The respondent Nos.5 and 6 have tendered their respective affidavits through their Advocates. Both the said affidavits of the respondent Nos.5 and 6 are taken on record. In the said affidavits, the respondent Nos.5 and 6 have stated that due to some misunderstanding and language barrier, the aforesaid dispute arose. It is further stated that they do not wish to continue with the proceeding since the parties have amicably settled the dispute. The respondent Nos.5 and 6 are present in person. They reiterated what was stated by them in their affidavits tendered today and state that they do not wish to pursue the proceeding pending before the learned Chief Judicial Magistrate, Tura, West Garo Hills.

9. Even otherwise, having perused the statements of the respondent Nos.5 and 6 and the FIR/chargesheet, no offences as alleged either under Sections 354/509/506 IPC are made out.

10. Be that as it may, since the parties have settled the dispute amicably, the FIR bearing No.49(6)2021 under Sections 354/509/506 IPC registered with the Tura Women Police Station for the aforesaid offences is quashed and set aside and consequently, the proceeding being G.R. Case No.48/2021 pending before the learned Chief Judicial Magistrate, Tura, West Garo Hills is also quashed and set aside.

11. Rule is made absolute on the aforesaid terms.

12. Petition is accordingly allowed and is disposed of.