Page No.# 1/4 GAHC020000342025 2025:GAU-NL:181 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./4/2025 SHRI MUDUZO KEYHO S/O LATE KHUMUZU KEYHO R/O KHUTSAMI VILLAGE PHEK NAGALAND VERSUS STATE OF NAGALAND AND 2 ORS NAGALAND KOHIMA 2:MHASIMHALIE M. YHOME S/O THEPFULHULIE YHOME- COMPLAINANT 3:ROUKUOLIE YHOME S/O THEPFULHULIE YHOME- VICTI Advocate for the Petitioner : KETHOKHRIENUO, Advocate for the Respondent : P.P, NAGALAND, Page No.# 2/4 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 06.05.2025 Heard learned counsel for the petitioner, Mr. Shimsak Raili. 2. This petition has been filed under Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023/Section 482 of the Code of Criminal Procedure praying for quashing of FIR No. 0022/2023 in connection with GR Case No. 75/2023, North Police Station Case No. 22/2023 under Section 279/338, IPC read with Section 185 of the Motor Vehicles Act, 1988. 3. It is the submission of the learned counsel for the petitioner that he was driving a taxi that plys in and around Kohima and on 30.05.2023, while proceeding towards Choto Bosti Colony, the taxi accidentally hit Mr. Ruokuotuolie Yhome, who is the respondent no. 3 in the present petition. Right after the accident, the respondent no. 3 was hospitalized at Oking Hospital, Kohima and the petitioner/accused surrendered before the North Police Station and was booked under Section 279/338 of the IPC read with Section 185 of the Motor Vehicles Act. 4. It is also stated that subsequently, the parties have come to an agreement to settle the matter outside the court and thereafter, the Settlement Deed was executed between the parties through the Compromise Deed dated 17.06.2023. The Compromise Deed stated that the parties have agreed to forgive and forget the offense in true Christian Page No.# 3/4 spirit, and have further agreed to withdraw all the complaints made against the petitioner/accused in relation to the GR Case No. 75/2023. Learned counsel for the petitioner, therefore prays that the ongoing criminal proceedings before the learned Chief Judicial Magistrate, Kohima may be quashed and set aside in the interest of justice. Learned counsel has stated that the petitioner had no intention to harm the victim and the unfortunate incident was purely accidental in nature. Learend counsel has relied on the case of State of Karnataka –Versus- L. Muniswamy & Ors reported in (1977) 2SCC 699 where the Hon’ble Apex Court had observed that the High Court under Section 482 CrPC can quash the criminal proceedings if it comes to the conclusion that the ends of justice so requires, for example, where there would be almost no chance of conviction and where the parties have entered into a compromise and when no useful purpose would be served by allowing the criminal proceedings to continue. In view of the above submissions, learned counsel prays that this petition may be allowed and the ongoing criminal proceedings in GR Case No. 75/2023 may be set aside and quashed. 5. Learned counsel for the respondent nos. 2 and 3, Mr. Miyohü Chuzho has submitted that he has no objections to the present petition as the parties have already entered into a compromise. 6. Learned Public Prosecutor, Mr. E. Thiba Phom appearing for respondent no. 1 also submits that Section 279 IPC is non-compoundable and therefore, the petition cannot be allowed. 7. This Court has considered the submission of the parties and it is Page No.# 4/4 seen that the matter has been amicably settled and moreover the offense occurred due to an accident and the victim and his family no longer wants to pursue the matter. It would, therefore, be futile to proceed with the criminal prosecution against the present petitioner as there is no likelihood of the case ending in conviction. Although the respondent no. 3 was injured it is seen that the petitioner had already paid all the medical expenses incurred during the treatment of the respondent no. 3. This Court is therefore of the opinion that this instant criminal petition can be allowed at this stage. Accordingly, the instant criminal petition is allowed and the proceeding of GR Case 75/2023 pending before the Chief Judicial Magistrate, Kohima is quashed and set aside. 8. Return the Trial Court records to the learned Court of the Chief Judicial Magistrate, Kohima. 9. The instant petition stands disposed. JUDGE Comparing Assistant