Page No.# 1/5 GAHC040007482025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./98/2025 Kitum Karga and Anr Son of Shri Kirki Karga, a permanent resident of Kanu Yami Village, PO and PS Kamba, West Siang District, Arunachal Pradesh. 2: Balar Bogo Age: Occupation : Son of Shri Maba Bogo a permanent resident of Kanu Yami Village PO and PS Kamba West Siang District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Kemo Lollen, Arun Yun,Maryum Sora,Nyai Loyi,Geli Taye,D Ado Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 30-04-2026 Heard Mr. K. Lollen, learned counsel for the petitioners. Also heard Ms. L. Page No.# 2/5 Hage, learned Additional Public Prosecutor for the State. 2. This joint application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been filed praying for quashment of the criminal proceedings in G.R. Case No. 09/2019, arising out of Kamba P.S. Case No. 07/2017, under Sections 420/468/471 of the IPC, 1860, pending before the Court of the learned Chief Judicial Magistrate, Aalo, on the basis of a settlement arrived at between the parties. 3. The case, in brief, is that on 01.08.2017, petitioner No. 1 lodged a written FIR before the Officer-in-Charge, Kamba Police Station, alleging that on 22.12.2009, one Shri Balar Bogo, petitioner No. 2, who was an Anchal Samitte Member, had forged the signatures of petitioner No. 1 as well as those of his parents, which were reflected at Serial Nos. 1 to 3 in the registered household Muster Roll under the National Rural Employment Guarantee Scheme, as revealed through information obtained under the Right to Information Act. Pursuant thereto, Kamba P.S. Case No. 07/2017 was registered under Sections 420/468/471 of the IPC, 1860. 4. Upon completion of investigation and finding a prima facie case against petitioner No. 2 in respect of the alleged offences, supported also by the FSL examination report, Charge-sheet No. 11/2018 was submitted on 03.12.2018 against petitioner No. 2 under Sections 420/468/471 of the IPC. The jurisdictional Court thereafter framed charges and the matter is presently pending trial before the learned Chief Judicial Magistrate, Aalo. 5. Mr. K. Lollen, learned counsel for the petitioners, submits that the parties are close relatives and have amicably resolved their disputes on 10.04.2025 in Page No.# 3/5 the presence of senior village members, PRI members and Gaon Burahs. It is submitted that petitioner No. 1 has voluntarily decided not to pursue the complaint further in order to maintain cordial family relations. Both petitioners have accepted the settlement and are presently living peacefully in the village. He submits that even if the allegation of forgery is assumed to be true, no wrongful gain or illegal benefit is shown to have accrued to petitioner No. 2. In view of the amicable settlement between the parties and the remote possibility of conviction, continuation of the proceedings would serve no useful purpose and would amount to an abuse of the process of law. Hence, he prays for quashing of the criminal proceedings. 6. On the other hand, Ms. L. Hage, learned Additional Public Prosecutor for the State, submits that the FSL report clearly indicates a positive finding with regard to the allegation of forgery attributed to petitioner No. 2. It is contended that the materials on record disclose a prima facie case and the offences under Sections 420/468/471 IPC are not purely private in nature but have serious societal implications. Therefore, it is submitted that the trial should be allowed to proceed in accordance with law and no case is made out for quashing of the proceedings in the present case. 7. I have considered the submissions advanced by learned counsel for the parties and have also perused the scanned copy of the trial court record. 8. The materials available on record reveal that petitioner No. 2 prima facie appears to have forged the name and signature of petitioner No. 1 and his parents in the Muster Roll under the National Rural Employment Guarantee Scheme, as the FSL examination report indicates positive findings. However, the petitioners, being close relatives, in the presence of senior/elderly members of Page No.# 4/5 the village, PRI members and Gaon Burahs, who are responsible members of the society, have entered into a settlement on 10.04.2025. By the said deed of mutual settlement, the petitioners have amicably settled the dispute so as to enable them to maintain a peaceful and cordial relationship in the village. The parties are now stated to be living peacefully and maintaining cordial family relationships. In view of the above, this Court is of the opinion that continuance of the criminal proceedings in the present case would be a futile exercise and an abuse of the process of law. 9. It is well settled that, normally, offences involving heinous and serious crimes such as murder, rape, dacoity, etc. are not to be easily quashed merely on the basis of compromise between the parties. However, it is equally well settled that the exercise of the inherent power of the Court is of wide plenitude, perhaps with no statutory limitation, but the same is to be exercised to secure the ends of justice or to prevent abuse of the process of law. 10. As noted above, the parties have amicably settled the matter in the presence of village elders, PRI members and Gaon Burahs, with a view to maintaining cordial family relations in the village, they being close relatives. Thus, in the opinion of this Court, since the parties have settled the matter, continuance of the present criminal proceedings would be an exercise in futility and therefore, the criminal proceedings deserve to be quashed. 11. Accordingly, the criminal proceedings in G.R. Case No. 09/2019 arising out of Kamba P.S. Case No. 07/2017, under Sections 420/468/471 IPC, pending before the Court of the learned Chief Judicial Magistrate, Aalo, are hereby quashed. Page No.# 5/5 12. The Criminal Petition stands allowed and disposed of. JUDGE Comparing Assistant