Page No.# 1/5 GAHC040005832025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./75/2025 Smti Hemmin Kamnyi Ori and 3 Ors Wife of Shri Kajom Ori, resident of Siyom Colony, Aalo, PO and PS Aalo, West Siang District, Arunachal Pradesh 2: Hento Kamnyi Age: Occupation : Son of Late G Kamnyi resident of Wak Village-Pinging PO and PS Aalo West Siang District Arunachal Pradesh. 3: Jomge Ori Age: Occupation : Son of Shri Kajom Ori resident of Siyom Colony Aalo PO and PS Aalo West Siang District Arunachal Pradesh. 4: Smti Doter Kato Age: Occupation : Wife of Shri Jomge Ori resident of Siyom Colony Aalo PO and PS Aalo West Siang District Arunachal Pradesh VERSUS Page No.# 2/5 The State of AP represented by the PP of AP Advocate for the Petitioner : Kamal Saxena, Eddie Payeng Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 24.11.2025 Heard Mr. E. Payeng, learned counsel for the petitioners. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent. 2. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It has been jointly filed by the informant and the accused, praying for quashing and setting aside the charge-sheet, vide Charge- sheet No. 09/2023, under Sections 427/458/342/325/212 of the IPC, arising out of Aalo W.P.S. Case No. 12/2023 [G.R. Case No. 49/2023]. 3. Petitioner No. 1, Smti. Hemmin Kamnyi Ori, is the victim/mother of accused/petitioner No. 3; petitioner No. 2, Shri Hento Kamnyi, is the elder brother of petitioner No. 1/victim; petitioner No. 3, Shri Jomge Ori, is the son of petitioner No. 1/victim; and petitioner No. 4, Smti. Doter Kato Ori, is the daughter-in-law of petitioner No. 1/victim. 4. The facts leading to the filing of the present petition are that on 13.07.2023, a written FIR was lodged by petitioner No. 2/informant alleging, inter alia, that on the night of 12.07.2023 at about 10:30 p.m., the accused/petitioner No. 3 assaulted his sister, petitioner No. 1/victim, with a Page No.# 3/5 wooden stick, as a result of which her left hand was fractured and she sustained head injuries as well as other bodily injuries. Accordingly, Aalo W.P.S. Case No. 12/2023 was registered under Sections 427/459/342/325 of the IPC. Upon completion of investigation, the I.O. submitted the charge-sheet against accused/petitioners No. 3 (Shri Jomge Ori) and No. 4 (Smti. Doter Kato Ori) to face trial under Sections 427/458/342/325 of the IPC and Section 212 of the IPC, respectively. The case was thereafter taken cognizance of, and the learned Chief Judicial Magistrate, Aalo, issued process against the accused, and the trial commenced. 5. Mr. Payeng, learned counsel for the petitioners, submits that the parties involved in the case are all members of the same family, the victim being the mother of accused/petitioner No. 3 and mother-in-law of petitioner No. 4, and the informant/petitioner No. 2 being the elder brother of petitioner No. 1/victim and the paternal uncle of petitioner No. 3. 6. He further submits that during the pendency of the trial, the parties amicably settled the matter outside the Court by executing a Deed of Settlement dated 28.03.2025. As per the settlement, the parties have agreed to compound the case. The victim/petitioner No. 1 and the informant/petitioner No. 2 have expressed that, since the matter has been amicably resolved, they have no further grievance against accused/petitioners No. 3 and 4 and do not wish to pursue the matter any further. 7. In view of the facts and circumstances stated above, learned counsel for the petitioners submits that since the matter has been amicably settled and there is no likelihood of conviction, the case against petitioners Nos. 3 and 4 may be quashed by invoking the power under Section 528 of the BNSS. Page No.# 4/5 8. Mr. Ete, learned Additional Public Prosecutor, fairly submits that although the case has been charge-sheeted against accused/petitioners No. 3 and 4 and the trial has commenced under Sections 427/458/342/325/212 of the IPC; however, considering that the matter has been amicably settled between the parties and that the accused and victim, being members of the same family have executed a settlement deed, he has no objection if the prayer of the petitioners for setting aside G.R. Case No. 49/2023 (State of A.P. vs. Shri Jomge Ori) arising out of Aalo W.P.S. Case No. 12/2023, pending before the Court of the learned Chief Judicial Magistrate-cum-Civil Judge (Senior Division), Aalo, West Siang, is allowed. 9. 9. I have heard learned counsel for the petitioners as well as the learned Additional Public Prosecutor and have also perused the record. 10. The present case arose from an incident wherein petitioner No. 3 allegedly assaulted petitioner No. 1/victim, who is his mother, and the mother-in-law of petitioner No. 4. However, as the parties are members of the same family, they have amicably settled the matter. Petitioner No. 1/victim and informant/petitioner No. 2 no longer have any grievance against accused/petitioner Nos. 3 and 4 and do not wish to pursue the case. The matter appears to be personal, confined to the family members and does not affect society at large. Given the facts and circumstances of the case, there appears to be only a remote possibility of conviction. In view of the above, continuing the proceedings against the accused persons would be a futile exercise and an abuse of the process of law. 11. The Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Ors. reported in (2019) 5 SCC 688 held that the High Court in exercise of power under 482 of the Code can quashed the criminal Page No.# 5/5 proceeding even for non-compoundable offences which are private in nature and do not have serious impact on society on the ground that there is settlement/compromise between the victim and the offender. 12. In light of the principle laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, reported in[(2012) 10 SCC 303], Narinder Singh v. State of Punjab reported in[(2014) 6 SCC 466], as well as the State of Madhya Pradesh v. Laxmi Narayan (supra), where the Apex Court has permitted quashing of proceedings even in non-compoundable offence in cases involved in private disputes which do not affect the society at large, this Court is of the opinion that this is a fit case, where inherent power under Section 482 of Cr.P.C/Section 528 of BNSS, should be exercised to secure the ends of justice. 13. Accordingly, the proceedings in G.R. Case No. 49/2023, arising out of Aalo W.P.S Case No. 12/2023, under Sections 427/458/342/325/212 of the IPC, pending before the Court of the Chief Judicial Magistrate-cum-Civil Judge (Senior Division), Aalo, West Siang, against the accused, namely Shri Jomge Ori (petitioner No. 3) and Smti. Doter Kato Ori (petitioner No. 4), are hereby quashed in the interest of justice. 14. With the above, this petition stands disposed of. JUDGE Comparing Assistant