Page No.# 1/4 GAHC020002132025 2025:GAU-NL:173 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./13/2025 SHRI TOSHILEMBA AND 8 ORS S/O LATE NAROMONGBA, R/O CHUNGTIA VILLAGE, MOKOKCHUNG, NAGALAND 2: SHRI BENDANGSUNEP S/O JEMTISUNGBA R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND 3: SHRI IMNETSUNGBA S/O IMTISANGBA R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND 4: SHRI MEZALEPDEN S/O LATE NAROWATI R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND 5: SHRI LIPOKTEMJEN S/O NAROTOSHI R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND 6: SHRI SENTIYANGER S/O LATE RONGSENWATI R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND Page No.# 2/4 7: SHRI IMNAMEREN S/O RAI R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND 8: SHRI RONGSENLIBA S/O LATE REKUMKABA R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAND 9: SHRI T. CHALUKUMBA AO S/O LT. TEKANUNGTEM R/O CHUNGTIA VILLAGE MOKOKCHUNG NAGALAN VERSUS STATE OF NAGALAND KOHIMA NAGALAND Advocate for the Petitioner : TAKA KICHU, JAMES NEWMAI,MOA JAMIR Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND O R D E R 29.04.2025 Learned counsel, Mr. Taka Kichu is present for the petitioners and learned Public Prosecutor, Nagaland, Mr. Veto V. Zhimomi is present. 2. A joint application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 read with Article 226 of the Page No.# 3/4 Constitution of India, with a prayer to quash the FIR No. 26/2023 dated 19.05.2023 corresponding to criminal proceeding in GR Case No. 60/2023 arising out of Mokokchung PS II Case No. 26/2023 under Sections 506/447/143/171F/34 of the Indian Penal Code, which is pending before the Court of the Chief Judicial Magistrate, Mokokchung. 3. The FIR unfolds that on 18.02.2023 at about 5.00 PM a mob led by Mr. Toshilemba went to the informant, Mr. T. Chalukumba Ao’s house and threatened the informant and his supporters with dire consequences creating havoc and panic amongst the supporters. A complaint was lodged by the informant, Mr. T. Chalukumba Ao, which was registered as the aforementioned case. This case is at present pending at the stage of evidence. The informant is the joint petitioner no. 9 in this petition and the accused persons are petitioner nos. 1 to 8 of this instant petition. 4. It is submitted that two accused Mr. Moalong Jamir and Mr. Temjentoshi were not Chargesheeted in the aforementioned case. It is submitted that only one witness has been examined so far. The dispute arose owing to political rivalry between both the parties during the last General Assembly Elections. The petitioner nos. 1 to 8 approached the informant, i.e. the petitioner no. 9 and both parties agreed to settle the dispute amicably. It is submitted that possibility of conviction appears to be remote and bleak and thus, further proceeding will be an abuse of the process of the Court. 5. I have considered the submissions at the bar with circumspection. Indeed, further proceeding will be an abuse of the process of the Court as Page No.# 4/4 both parties have amicably settled their dispute. Both parties have jointly filed this petition and therefore, the possibility of conviction appears to be remote and bleak. A Deed of Compromise has also been executed between the parties. I have scrutinized the Deed of Compromise, which is annexed as Annexure-E to the instant petition. 6. In view of the following discussions I deem it appropriate to quash the entire proceeding arising from FIR No. 26/2023. Thereby the proceeding of GR Case No. 60/2023 arising out of Mokokchung PS II Case No. 26/2023 under Sections 506/447/143/171F/34 of the Indian Penal Code is set aside and quashed. 7. In terms of the above observations this petition stands disposed of. JUDGE Comparing Assistant