Page No.# 1/4 GAHC040020862025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./281/2025 Rakesh Leya and Anr Son of Shri Tara Leya, resident of Leya Village, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh and presently residing at Camp near KM Boys Hostel, Chandra Nagar, Itanagar. 2: Smti Byabang Yamang Age: Occupation : Wife of Byabang Miri 2 Kilo Papu Nallah PS Nallah PO Naharlagun Papum Pare District Arunachal Prades VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Taja Garam, GICHIK KAKU,Byabang Mema Advocate for the Respondent : P P of AP, Page No.# 2/4 ::BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.12.2025 Heard the learned counsel Ms. Byabang Mema appearing for the petitioners. Also heard Mr. G. Tado, the learned Addl. Public Prosecutor representing the State of Arunachal Pradesh. 2. This is a joint application filed under Section 528 of the BNSS, 2023 praying for setting aside the criminal proceedings of G.R. No.20/2024 in respect of an FIR No.03/2024, registered by Papu Hill Police Station, Arunachal Pradesh. 3. On the day of occurrence, the petitioner no.1 Shri Rakesh Leya was drunk and he was driving a vehicle bearing Registration No.AR-01J-1839. At about 4 in the morning, the petitioner no.2 Smti. Byabang Yamang was crossing the Naharlagun-Itanagar road near M.M. Nursury. The said vehicle driven by the petitioner Rakesh Leya had hit the other petitioner Smti. Byabang Yamang. She sustained some injuries. 4. On the basis of an FIR, police registered a case under Sections 279 and 337 of the Indian Penal Code. 5. Now, both sides have compromised their disputes. They even had a written settlement agreement. They have come to this Court praying for quashing the criminal proceedings against Shri Rakesh Leya (petitioner no.1). 6. I have considered the submissions made by the learned counsels of both sides. 7. The guidelines for quashing of the criminal proceeding has been laid down by the Page No.# 3/4 Hon’ble Supreme Court in State of Haryana and Ors. -versus- Bhajanlal and Ors., reported in AIR 1992 SC 604. Paragraph 102 of the said judgment is quoted hereunder: “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or Page No.# 4/4 where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” 8. Reverting to the case in hand, this Court is of the opinion that the ratio laid down by the Hon’ble Supreme Court is applicable in the present case. I find that under the given facts and circumstances of the case, there is no possibility of future conviction in this case. Thus, allowing the criminal proceeding to continue before the trial court, would be nothing but an abuse of the process of the court. It is a fit case for exercising the power under Section 528 of the BNSS, 2023. 9. Accordingly, the criminal proceedings of G.R. No.20/2024 in respect of an FIR No.03/2024, registered by Papu Hill Police Station, Arunachal Pradesh, is set quashed and aside. The Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant