Page No.# 1/9 GAHC030003912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./12/2024 Lalruatkima Zarkawt, Aizawl VERSUS The State of Mizoram r/b Chief Secretary of Govt. of Mizoram and 5 Ors. Aizawl2:Secretary to the Govt. of Mizoram Home Department Aizawl 3:The Officer-in-Charge Aizawl Police Station Aizawl 4:Sub-Inspector C.L Muana AIzawl Police Station Aizawl 5:ASI Lalawmpuia AIzawl Police Station Aizawl 6:David Lalremsanga Chawnpui Aizaw Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : P.P./Addl.PP, Mizoram Page No.# 2/9 BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 15.07.2025 Heard Mr. A.R. Malhotra, learned counsel appearing for the accused/petitioner. Also heard Mr. Zoramchhana, learned counsel appearing for respondent No. 6 and Mrs. Linda L. Fambawl, learned Public Prosecutor appearing for the State. 2. By way of this petition under Section 482 of the Court of Criminal Procedure, the accused/petitioner, i.e, Sh. Lalruatkima is seeking quashing of the FIR registered as Aizawl PS Case No. 1/2024, dated 01.01.2024, alongwith the Enquiry Report dated 01.01.2024, the Investigation Report/Charge Sheet No. 30/2024 dated 08.02.2024 and the proceedings of Criminal Trial No. 271/2024 pending before the Court of learned Judicial Magistrate First Class-I, Aizawl. 3. Quashing of the proceedings of the Criminal Trial No. 271/2024, pending before the learned Jurisdictional Magistrate Court is sought primarily on the ground that a settlement has been arrived between the accused/petitioner and the complainant/respondent No. 6 alongwith other family members of the deceased. 4. The brief facts of the case are that on the night of 31.12.2023, the accused/petitioner accidentally hit Hmangaihzuala, who was lying on the main road, by his bike on his way back home and Hmangaihzuala, though was taken to the hospital ultimately succumbed to his injuries and died on the same day. Thereafter, Page No.# 3/9 respondent No. 5, ASI Lalawmpuia, lodged an FIR dated 01.01.2024 before the Jurisdictional Police Station for registering a case against the petitioner and accordingly, the said FIR was registered as Aizawl P.S. case No. 1/2024 dated 01.01.2024 under Section 279/304-A of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), r/w Section 181/185 Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’) against the accused/petitioner. After completion of the investigation, the charge sheet dated 08.02.2024 was submitted before the learned Trial Court, and in the meantime while the matter was pending before the Trial Court, the petitioner had reached an amicable settlement with the respondent No. 6, who is the father of the deceased, Hmangaihzuala, by executing an agreement dated 13.01.2024 in the presence of witnesses. In view of the aforesaid settlement arrived between the parties, the present quashing petition has been filed. 5. Mr. A.R. Malhotra, learned counsel appearing for the petitioner submits that in view of the settlement arrived between the parties and the respondent No. 6 having already received compensation as agreed under the aforesaid settlement deed, continuation of the Criminal Trial is not justified. In support of his submission, that even in cases arising out of Section 279/304-A IPC, in the event, a settlement is arrived between the parties, this Court in exercise of its inherent powers, can quash the pending criminal proceedings, cited the decision of the Delhi High Court in the case of Shoaib Kohli Vs. State GNCT of Delhi and Others, reported in 2023 SCC OnLine Del 527. He further places the deed of agreement dated 02.12.2024 Page No.# 4/9 entered between the sister of the deceased i.e. Smt. Nancy Lalnunpuii and the respondent No. 6 to show that both the sister as well as the respondent No. 6 have received compensation from the petitioner and has agreed to settle their differences and disputes and end the criminal trial going on before the jurisdictional Trial Court. 6. Mr. Zoramchhana, learned counsel appearing for respondent No. 6 concedes to the submissions made by Mr. A.R. Malhotra, learned counsel appearing for the petitioner and further submits that the father as well as the other family members of the deceased having settled the matter with the petitioner and having received the compensation as agreed under the settlement arrived between the parties, has no objection if the pending criminal proceeding against the petitioner is set aside and quashed. 7. Mrs. Linda L. Fambawl, learned Public Prosecutor, submits that she has received no instructions to oppose the prayer made in this criminal petition in view of the fact that the matter has been settled by the parties. 8. I have given my prudent consideration to the arguments advance by the learned counsel for both the parties and have also perused the material available on record. I have also considered the case law cited at the Bar. 9. Apt at the outset to refer to the agreement dated 13.01.2024 entered between the petitioner and the respondent No. 6, which reads as hereunder:- “AGREEMENT We, Lalruatkima, S/o F. Ngurbiakvela, R/o Zarkawt Veng, Aizawl (FIRST PARTY) and David Lalremsanga F/o Hmangaihzuala(L) @ Page No.# 5/9 Lalhmangaihzuala(L), R/o Chawnpui Veng, Aizawl (SECOND PARTY) made an agreement on this day dt. 13.01.2024 as stated below: 1. On dt.1.01.2024 nearby the Assembly House, Treasury Square, Aizawl Lalruatkima accidently hit Hmangaihzuala (L) @ Lalhmangaihzuala (L) S/o David Lalremsanga with Honda CB350 RS, MZ01 AA 6137, Hmangaihzuala (L) @ Lalhmangaihzuala (L) then succumbed to his injuries on the same day. 2. With regard to the demise of Hmangaihzuala(L) @ Lalhmangaihzuala(L), the driver Lalruatkima handed over Rs. 6,00,000/- (Six Lakhs only) cheque No. 534228 dt.13.01.2024 issued by Zothankimi, Account No:10638532095, State Bank of India to David Lalremsanga as a plea for forgiveness as well as an agreement. 3. David Lalremsanga received Rs. 6,00,000/- (Sex Lakhs only) on this day from Lalruatkima to signify his forgiveness. Moreover, David Lalremsanga will not approach anywhere or any Court/Tribunal against Lalruatkima for anything whatsoever apart from this Agreement. 4. Lalruatkima will by all possible means, give assistance with regards to the claim to be submitted by David Lalremsanga to the Motor Accidental Claim Tribunal. 5. This Agreement includes all the families and relatives of the First Party and Second Party. 6. This Agreement was made with sound mind and without any coercion according to our decision. Sd/- Sd/- (LALRUATKIMA) (DAVID LALREMSANGA) First Party Second Party Witnesses:- Sd/- Sd/- 1.(LALAWMPUIA) 1. (H. LALMALSAWMA) Page No.# 6/9 R/o ZARKAWT R/o EDENTHAR Sd/- Sd/- 2.(LALMALSAWMA) 2. (LALLUNI) R/o CHAWNPUI VENG R/o CHAWNPUI VENG” 10. Reading the aforesaid agreement, it is apparent that the petitioner handed over Rs. 6,00,000/- (Six Lakhs only) cheque bearing Cheque No. 534228 dated 13.01.2024 to the father of the deceased i.e, respondent No. 6 by seeking forgiveness and the respondent No.6 received the same amount and after receiving the same by entering the aforesaid agreement has agreed that he shall not approach anywhere or any Court/Tribunal against the accused/petitioner. It appears that the agreement has been signed by the accused/petitioner as well as the respondent No.6 in the presence of the independent witnesses. It further appears that pursuant to the aforesaid agreement, another agreement dated 02.12.2024 was entered between the petitioner and the sister of the deceased i.e. Smt. Nancy Lalnunpuii and the respondent No.6 which reads as hereunder:- “DEED OF AGREEMENT This Deed of Agreement is made on this the 2nd of December, 2024 BETWEEN Sh. Lalruatkima Fanai S/o F. Ngurbiakvela R/o Zarkawt, Aizawl, Mizoram (herein referred to as the First Party.) -AND- Smt. Nancy Lalnunpuii, Sister of Lalhmangaihzuala(L) R/o Chawnpui, Aizawl (hereinafter referred to as the Second Party.) -AND- Page No.# 7/9 Sh.David Lalremsanga F/o Lalhmangaihzuala(L) R/o Chawnpui, Aizawl (hereinafter referred to as the Third Party.) Whereas Criminal Trial No. 12/2024, U/s 279/304A IPC r/w 181/185 MV Act,1988 has been registered against the First Party for causing accidental death of the deceased Lalhmangaihzuala, who is the brother and son of the Second and Third Parties respectively. The said Criminal Trial No. 271/2024 is pending disposal before the Court of Judicial Magistrate First Class-I, Aizawl, Mizoram and it is at the stage of Consideration of Charge. -AND- Whereas Criminal Petition No. 12/2024 has been filed by the First Party before the Hon’ble Gauhati High Court, Aizawl Bench, for quashing the FIR dated 01/01.2024 along with Criminal Trial No. 271/2024 and it is pending disposal till date. -AND- Whereas the Second Party has filed a claim against the First Party before the Motor Accident Claims Tribunal, Aizawl which is registered as MACT No. 21/2024. However, the First Party and the Second Party have reached an agreement wherein the First Party shall pay a sum of Rs.15,00,000/- (Fifteen Lakh) to the Second Party in MACT No. 21/2024. The First Party has further paid the sum of Rs.15,00,000/- (Fifteen Lakh) in cash on this the 2nd day of December, 2024 to the Second Party in full and final satisfaction of her claim made in MACT Case No.21/2024 and the same is received by the Second Party. It is pertinent to mention here that the First Party and the Third Party have executed an Agreement (Inremna) dt.13/1/2024 wherein the Third Party has forgiven the First Party and has also received Rs.6,00,000/- (Six Lakhs) as compensation for the said accident. Subsequent to this agreement, no legal heir/representative of the deceased namely Lalhmangaihzuala, shall make any further monetary claim, in any forum against the First Party. With the execution of this agreement, the Second Party and the Page No.# 8/9 Third Party will make no objection but shall assist/support the First Party in the Criminal Petition No.12/2024 pending before the Hon’ble Gauhati High Court, Aizawl Bench for quashing the FIR No.1/2024 and Criminal Trial No. 271.2024 once and for all. And, if the Criminal Petition No. 12/2024 pending before the Hon’ble Gauhati High Court, Aizawl Bench is dismissed, the Second and Third party will assist the First Party in the Criminal Trial No. 271/2024 pending before the Court of Judicial Magistrate First Class – I, Aizawl, Mizoram for his acquittal/discharge. That this Agreement is made by the Parties out of their own free will without any inducement or threat from any quarter. IN WITNESS WHEREOF, the parties referred to above hereto sign this Deed of Agreement on the day, month and year mentioned hereinabove. (LALRUATKIMA FANAI) (NANCY LALNUNPUII) FIRST PARTY SECOND PARTY (DAVID LALREMSANGA) THIRD PARTY Witnesses: 1)C. TLANTHIANGHLIMA 2) ZORAMCHHANA R/o Mission Veng, Aizawl R/oChawlhmun, Aizawl” 11. Reading the aforesaid agreement, it appears that pursuant to the settlement arrived between the petitioner and the father of the deceased i.e. respondent No.6, the petitioner paid a sum of Rs. 15,00,000/- (Fifteen Lakhs) in cash on 02.12.2024 to the sister and upon receiving the same the sister of deceased accepted the same in full and final consideration of the claim made by her in MACT Case No. 21/2024. It further appears that the respondent No. 6 has also agreed that since he has also received the Rs. 6,00,000/-(Six Lakhs) as compensation for the said accident in terms of the agreement Page No.# 9/9 dated 31.01.2024 as referred above, he has forgiven the accused/petitioner. It further appears that with the execution of the aforesaid agreement, both the respondent No. 6 and the sister of the deceased agreed that they shall have no objection but shall assist/support the accused/petitioner in the Criminal Petition No. 12/2024 pending before this Court for quashing the F.I.R in question and the subject criminal proceeding. Thus, it is evident that in pursuant to the aforesaid settlement arrived between the parties, the present petition has been filed for quashing the ongoing criminal proceedings. It is an admitted case that the respondent No. 6 has already received a sum of Rs. 6,00,000/-(Six Lakhs) and the sister of the deceased has also received a sum of Rs. 15,00,000/- (Fifteen Lakhs) against her claim made before the Motor Accident Claim Tribunal. 12. Taking into account the totality of the facts and circumstances of the case, in the ends of justice, the F.I.R registered as Aizawl PS Case No. 1/2024, dated 01.01.2024, alongwith the Enquiry Report dated 01.01.2024, the Investigation Report/Charge Sheet No. 30/2024 dated 08.02.2024, and the proceedings of Criminal Trial No. 271/2024 pending before the Court of Judicial Magistrate First Class- I, Aizawl, are hereby set aside and quashed. 13. Accordingly, the criminal petition stands allowed and is disposed of. JUDGE Comparing Assistant