Page No.# 1/4 GAHC020000382025 2025:GAU-NL:185 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./5/2025 SHRI KIBANGSUMAK AND 3 ORS S/O TONGPANGKOKBA PERMANENT R/O UNGMA VILLAGE MOKOKCHUNG - 798601, NAGALAND 2: SHRI IMTILENSA PERMANENT R/O UNGMA VILLAGE MOKOKCHUNG-798601 3: SHRI ZULUMANEN PERMANENT R/O UNGMA VILLAGE MOKOKCHUNG-798601 4: SHRI IMKONGANGSHI PERMANENT R/O UNGMA VILLAGE MOKOKCHUNG-79860 VERSUS STATE OF NAGALAND AND ANR NAGALAND KOHIMA 2:SHRI TOSHIPOKBA LONGKUMER S/O LATE MERENNUNGSANG PERMANENT R/O UNGMA VILLAGE MOKOKCHUNG-79860 Advocate for the Petitioner : SENTIYANGER, KONLI BUCHEM,V ANNE THERIE Advocate for the Respondent : P.P, NAGALAND, Page No.# 2/4 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER O R D E R 08.05.2025 Heard learned counsel for the petitioners, Mr. Sentiyanger, Mr. P. Yaden, learned counsel for the respondent no. 2 and Ms. Seponglemla Chang, learned Public Prosecutor on behalf of the State respondents. 2. This petition is filed under Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023 praying for quashing of the proceedings in GR Case No. 38/2023 in connection with Mokokchung PS-II Case No. 0015/2023 under Sections 447, 448, 323, 34, 427 and 452 of the IPC. 3. It is the case of the petitioners that during the pendency of the proceedings before the Trial Court, the petitioners/accused and the complainant/respondent no. 2 has amicably settled the matter by executing Compromise Deed dated 06.02.2025. By the said Compromise Deed dated 06.02.2025, it was stated that the respondent no. 2 being the first party has no further interest to prosecute the second party (petitioners/accused) in connection with the Mokokchung PS-II Case No. 0015/2023, which is pending trial before the learned Chief Judicial Magistrate, Mokokchung. It was stated that all the parties are members of the same village and they wish to live together in a spirit of peace and harmony and cooperation. 4. The respondent no. 2 has entered appearance and has filed an Page No.# 3/4 affidavit wherein it is stated that the respondent no. 2 has no objection if the FIR dated 28.02.2023, the Charge-sheet dated 13.12.2023 and the criminal proceedings against the petitioners in GR Case No. 38/2023 is quashed by this Court. It is further stated in the affidavit that the petitioners and respondent no. 2 have reconciled and being members of the same village desire to live in peace and harmony with each other. 5. Learned Public Prosecutor, Ms. S. Mere submits states that Section 323 IPC and 452 IPC are non-compoundable and, therefore, on this ground alone the petition should be dismissed. 6. The learned counsel for the petitioners has also relied on the case of Narinder Singh and Others –Versus- State of Punjab and Another reported in (2014) 6SCC 466 wherein at paragraph-33 the Hon’ble Apex Court has observed that when there is a compromise between the parties there is a minimal chance of the witnesses coming forward in support of the prosecution case, and therefore, the chances of conviction are remote in such cases and it would be unnecessary to drag the proceedings. Learned counsel, therefore, submits that the present case is also covered by the said judgment and accordingly prays that the proceedings of GR Case No. 38/2023 pending before the learned Chief Judicial Magistrate, Mokokchung may be quashed and set aside. 7. This Court has considered the submissions of the learned counsel for the parties and has perused the pleadings as well as the Trial Court records which are before this Court. It is also observed that the petitioners and the respondent no. 2/informant has entered into a compromise and Page No.# 4/4 have already settled the matter amicably. Accordingly, this Court is of the view that chances of conviction are remote in the present case and it would be a futile exercise to continue with the proceedings before the learned Trial Court. Therefore, in exercise of powers under Section 528 of the BNSS, the proceedings in GR Case No. 38/2023 pending before the learned Chief Judicial Magistrate, Mokokchung is quashed and set aside. The instant petition accordingly stands disposed of. Interim order shall stand merged with the present Order. Send back the Trial Court records. JUDGE Comparing Assistant