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2023 DAILYLAW 1555 (GAU)

Gandhi Para v. The State of AP and 4 Others

Crl.Petn./224/2023 · 2026-02-05

Budi Habung

body2023

Judgment text

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Page No.# 1/4 GAHC040016292023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./224/2023 Gandhi Para S/o Para Passang, R/O Vivek Vihar Itanagar, PO RKMH and PS Itanagar, Papum Pare District, Arunachal Pradesh, Pin 791111 VERSUS The State of AP and 4 Others Represented by Public Prosecutor Arunachal Pradesh. 2:The Director General of Police Age: 0 Occupation : Chimpu Govt. of Arunachal Pradesh Itanagar PO and PS Itanagar Arunachal Pradesh 791111 3:The Superintendent of Police Age: 0 Occupation : Papum Pare District PO and PS Itanagar Arunachal Pradesh 791111 4:Smti Techi Yana Age: 0 Occupation : W/o Techi Tago Permanent resident of Ganga-Chimi Village PO RKMH and PS Chimpu Page No.# 2/4 Papum Pare District Arunachal Pradesh Pin 791111 (Informant/Complainant) 5:Shri Techi Tem @Amir Age: 0 Occupation : S/o Techi Tago Permanent resident of Ganga-Chimi Village PO RKMH and PS Chimpu Papum Pare District Arunachal Pradesh Pin 791111 (Victim Advocate for the Petitioner : Aruna Rai, T Siga,Chanya Bangsia,Madan Mili,Ebo Mili,Sonam Tsomo,Tali Umbey,S D Loda,Reken Ingo,Sunil Mow Advocate for the Respondent : P P of AP, A Tayeng,Jyoti Zongluju BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 06.02.2026 Heard Ms. A. Rai, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent Nos. 1, 2 and 3 and Mr. G. R. Roomeching, learned counsel appearing for respondent Nos. 4 and 5. 2. This criminal petition under Section 482 of Cr.P.C, 1973, has been filed by the petitioner praying for quashing and setting aside of the criminal proceeding in G.R. Case No. 685/2022 arising out of Chimpu P.S. Case No. 38/2022 registered under Sections 448/323/341/34 of Indian Penal Code presently pending before the Court of Chief Judicial Magistrate, Capital Complex, Yupia. 3. As agreed upon by both the learned counsel for the parties, and Page No.# 3/4 considering that the offences are compoundable in nature, this matter was referred to the Gauhati High Court Mediation Centre, Itanagar, for amicable settlement of the dispute between the parties through mediation. 4. It is submitted that the matter was amicably settled amongst the parties before the mediator on 04.02.2026. The Gauhati High Court Mediation Centre, thereafter, has submitted a report indicating that the matter has been amicably settled between the parties on 04.02.2026. 5. The terms of settlement before the mediator includes that the accused/petitioner shall tender a written apology and undertaking acknowledging his mistake and that he shall not repeat such mistake in the near future. Accordingly, the petitioner/accused tendered an apology on 18.11.2025 and also undertaken not to repeat the same mistake in the near future. 6. On tendering of such apology and execution of undertaking, the respondents/informant has agreed and voluntarily accepted, and expressed that they have forgiven the accused/petitioner and have no further grievance against him. Therefore, they have no objection if the prayer for quashing of the proceeding against the accused/petitioner before the Court of Chief Judicial Magistrate, Yupia, is allowed. 7. The learned counsel for the parties submits that since the matter has been amicably settled amongst the parties, the proceeding against the accused/petitioner before the Court of Chief Judicial Magistrate, Yupia, may be set aside and quashed. 8. The learned Additional Public Prosecutor has fairly submitted that in view of the amicable settlement between the parties before the mediator, she has no objection if the prayer is allowed in terms of the report of the mediator. Page No.# 4/4 9. The offences involved are compoundable in nature and arise out of a purely personal dispute, having no element of public interest. Under the circumstances, the continuation of the criminal proceedings, in view of the settlement through mediation would serve no useful purpose and would amount to abuse of the process of the Court. 10. In view of the above facts and circumstances, and considering the mediation settlement, this Court is of the considered opinion that the present petition deserves to the allowed. 11. Accordingly, the petition is allowed. 12. As a result, the proceeding of the G.R. Case No. 685/2022 arising out of Chimpu P.S. Case No. 38/2022 registered under Sections 448/323/341/34 of Indian Penal Code along with all consequential proceedings arising therefrom pending before the Court of Chief Judicial Magistrate, Capital Complex, Yupia, against the accused/petitioner, namely, Shri Gandhi Para Phassang, is hereby set aside and quashed in the interest of justice. 13. The mediation settlement shall form part of the record. 14. With the above, the instant petition stands allowed and disposed of. JUDGE Comparing Assistant