Page No.# 1/6 GAHC020005552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./44/2024 DR. VIBINO SABINA WIFE OF SHRI KEDOVITSO HIEKHA PRESENTLY RESIDING AT PHEZHU BELOW KOHIMA SCIENCE COLLEGE ROAD JOTSOMA VILLAGE KOHIMA NAGALAND-797002 VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE OFFICER-IN-CHARGE WOMEN POLICE STATION KOHIMA NAGALAND 2:SHRI WACHUSIE KATIRY PRESIDENT POCHURY HOHO KOHIMA POCHURY HOHO BUILDING OFFICERS HILL KOHIMA NAGALAND 3:SHRI JOB THEXIRI JOINT SECRETARY POCHURY HOHO KOHIMA POCHURY HOHO BUILDING OFFICERS HILL KOHIMA NAGALAND 4:SHRI RASANG R/O PHOKUNGRI VILLAGE PHEK DISTRICT NAGALAND FATHER OF VICTIM CHILD IN GR 93/202 Page No.# 2/6 Advocate for the Petitioner : L. IRALU, MEDO KIEWHUO,KHRIEZO KIRHA,MENOSIENO Advocate for the Respondent : , BEFORE HON'BLE MR JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.03.2025 1. Heard Mr. L. Iralu, the learned counsel for the petitioner. Also heard Mr. E. Thiba Phom the learned Pubic Prosecutor for the State of Nagaland as well as Mr. A Sophie, learned counsel appears for the respondent Nos. 2, 3 and 4. 2. This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner Dr. Vibino Sabina, praying for quashing of the criminal proceeding in G. R. Case No. 93/2024, which is pending before the Court of learned Chief Judicial Magistrate, Kohima, Nagaland arising out of Kohima Women P. S. Case No. 05/2024, under Section 323/324 of Indian Penal Code read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. The learned counsel for the petitioner has submitted that the petitioner and her husband have been providing the educational care and other care to the victim girl since 2023 and the victim is studying in Government Primary School, Jotsoma, Kohima. 4. The learned counsel for the petitioner has also submitted that on 31.05.2024, the President and Secretary of Pochury Hoho Kohima had lodged an FIR before the Officer-In-Charge of Kohima Page No.# 3/6 Police Station, Nagaland, Kohima, inter-alia, alleging that the petitioner has subjected the minor victim girl to domestic violence and it is also alleged that she was subjected to habitual harassment for over the years. 5. The learned counsel for the petitioner has submitted that the alleged incident involved in this case, occurred on 29.05.2024, when the petitioner was feeding her baby and the victim started showing unruly behaviour and on this, out of anger, the petitioner slapped on the cheek of the victim girl while she was holding a stainless steel scrubber while washing the utensils. He submits that it was an impulsive act of the petitioner, which the petitioner realized and immediately, first aid care was taken of the victim girl. 6. The learned counsel for the petitioner has submitted that after completion of the investigation, the Investigating Officer of Kohima Women P. S. Case No. 05/2024 laid the charge sheet against the petitioner under Section 323/324 of the Indian Penal Code, under Section 323/324 of Indian Penal Code read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. However, the Trial Court by its order dated 20.06.2024, framed charges only under Section 323 of the Indian Penal Code read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 7. The learned counsel for the petitioner has submitted that on 01.06.2024, the family members of the petitioners wrote a letter to the President of Pochury Hoho Kohima, requesting for withdrawing the case, as the petitioner has undergone deep sense of regret and shame after the said incident. Page No.# 4/6 8. The learned counsel for the petitioner has submitted that thereafter, on 08.09.2024, a compromise deed was agreed, entered into between the petitioner, father of the victim girl and the President of Pochury Hoho Kohima, wherein the matter was amicably settled and the victim's family as well as the complainant's family informed that they do not intend to pursue the case any further. 9. The learned counsel for the petitioner has submitted that as the matter has been amicably settled and as the incident occurred out of anger and impulse under the circumstances of the case and the complainant and the victim's family no longer intends to pursue the matter, it would be futile to proceed with the criminal prosecution against the present petitioner as there is an unlikelihood of the case ending in conviction. 10. The learned counsel for the petitioner has relied upon the following rulings in support of his submissions: i. Narinder Singh and Others Vs. State of Punjab and Another reported in (2014) 6 SCC 466; ii. Sahadevan Vs. State of Kerala reported in 2023 SCC online KER 414; iii. Shakti Pathania Vs. State of Himachal Pradesh and Another reported in 2024 SCC online HP 1923; iv. Father Mathew Puthumana and Another Vs. The State of Assam, Criminal Petition No. 1308/2019, Judgment and Order dated 11.11.2019 Page No.# 5/6 11. Mr. A Sophie, learned counsel appearing for the respondent Nos. 2, 3 and 4 has also submitted that the said respondent do not have any objection if the criminal proceeding pending against the petitioner is quashed and relief prayed for by the petitioner is granted. 12. On the other hand, Mr. E. Thiba Phom the learned Pubic Prosecutor, Nagaland has produced the copy of the case diary of the case and has submitted that there are incriminating evidence against the petitioner on record and during investigation sufficient materials were found against the petitioner. However, he fairly submits that considering the settlement arrived at between the victim’s family, complainant as well as the petitioner, he leaves the matter to the wisdom of this Court. 13. I have considered the submissions made by learned counsel for both sides and have gone through the materials available on record. 14. Though, in this case, the victim is a minor and she suffered simple injury in the incident which occurred on 29.05.2024, however, it appears that the petitioner out of anger slapped the victim girl and she suffered simple injury. 15. As the matter has been immeasurably settled between the complainant, father of the victim girl as well as the petitioner and as the petitioner is also repentant about the incident and there is an unlikelihood of the criminal proceeding pending against the petitioner ending in conviction, this Court is of the opinion that it would be futile to proceed with the trial of G. R. Case No. 93/2024, pending before the Court of learned Chief Judicial Magistrate, Page No.# 6/6 Kohima, Nagaland. 16. Accordingly, this instant Criminal Petition is allowed and the proceeding of G. R. Case No. 93/2024 pending before the Court of learned Chief Judicial Magistrate, Kohima, Nagaland against the present petitioner is hereby quashed. Sd/- JUDGE Comparing Assistant