Page No.# 1/4 GAHC040018012025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./242/2025 Dr Anup Punai and 2 Ors Registrar in Charge, NIT, Jote, Son of Anil Kumar Pual, Papum Pare District, Arunachal Pradesh. 2: Atul Singh Age: Occupation : Son of Jitendra Singh presently resident of Jote NIT (Hostel) PO and PS Balijan Papum Pare District Arunachal Pradesh. 3: Utsav Raj Age: Occupation : Son of Nagendra Prasad Singh presently resident of Jote NIT (Hostel) PO and PS Balijan Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Dilip Saikia, D Apo Advocate for the Respondent : P P of AP, Page No.# 2/4 ::BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.12.2025 Heard the learned counsel Mr. D. Apo appearing for the petitioners. Also heard Ms. Laxmi Hage, 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 quashing the criminal proceedings of BJN P.S. Case No.06/2024 (corresponding to G.R. No.473/2024) pending in the court of learned Chief Judicial Magistrate, Yupia, Arunachal Pradesh. 3. The 2nd petitioner Shri Atul Singh had made a complaint before the first petitioner Dr. Anup Paul stating that someone after stealing his mobile phone, SIM Card, Debit Card, had withdrawn ₹1,35,000/- from his Bank account. Therefore, the first petitioner Dr. Anup Paul had lodged the FIR before police alleging the aforesaid facts. 4. Now, the 2nd petitioner Shri Atul Singh has stated that he has compromised the matter along with the 3rd petitioner Shri Utsav Raj after receiving back his money and other materials. They have jointly stated that they are no longer interested to proceed further with the criminal proceedings and prayed for quashing the same. 5. I have considered the submissions made by the learned counsels of both sides. 6. 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.” 7. 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. 8. Accordingly, the criminal proceedings of BJN P.S. Case No.06/2024 (corresponding to G.R. No.473/2024) pending in the court of learned Chief Judicial Magistrate, Yupia, Arunachal Pradesh, is set quashed and aside. The Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant