Page No.# 1/5 GAHC040013612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./182/2025 Gamtum Yoka @ Gamie Yoka and 5 Ors Son of Tagam Yoka, presently reside at Nyigam Colony (near Helipad) Naharlagun, Papum Pare District, Arunachal Pradesh and a permanent resident of Village Yoka, PO and PS Dumporijo, Upper Subansiri District, Arunachal Pradesh. 2: Pegam Romin Age: Occupation : Son of Tape Mindho @ Jepe Romin a resident of Abotani Colony Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh adn a permanent resident of Village Lumpo PO and PS Nari Lower Siang District Arunachal Pradesh. 3: Gichik Tapik Age: Occupation : Son of Gichik Talar presently residing at Lobi Colony (near River) PO and PS Itanagar Papum Pare District Arunachal Pradesh and a permanent resident of Village Jhome PO Tali PS Palin Kra Daadi District Arunachal Pradesh. 4: Lomyir Dugi Age: Occupation : Son of Late Kaklom Dugi Page No.# 2/5 a resident of Model Village Padum Colony Naharlagun PO and PS Naharlagun Papum Pare District Arunachal Pradesh. 5: Nabam Hakap Age: Occupation : Son of Nabam Kakum presently residing at G Extension Naharlagun PO and PS Naharlagun Papum Pare District Arunachal Pradesh. 6: Smti Yapi Dugi Age: Occupation : Wife of Late Kaklom Dugi a resident of Model Village Padum Colony Naharlagun PO and PS Naharlagun Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Muk Pertin, Senior Advocate, Dusu Rillung,Tshering Yangzom Bhutia,Mukbang Pertin,Rimo Riba,Karyom Dabi Advocate for the Respondent : P P of AP, Page No.# 3/5 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 01-06-2026 Heard Mr. K. Dabi, learned counsel for the petitioners and Mr. T. Ete, learned Addl. PP for the State respondent. 2. This is an application filed under Section 528 BNSS, 2023 for setting aside and quashing the FIR dated 14.07.20205, which was registered as Naharlagun P. S. Case No. 93/2025 under Sections 117(3)/3(5) of BNS, 2023 against the petitioner Nos. 1, 2 and 3 and charge sheet dated 21.07.2025 filed under Sections 117(3)/115(2)/3(5) BNS, 2023. 3. It is submitted by Mr. Dabi, learned counsel that this joint petition has bee filed for quashing of the FIR as well as the charge sheet which has been filed against the petitioner Nos. 1, 2 and 3, i.e., accused Nos. 1, 2 and 3 respectively, and the accused Nos. 4 and 5 are the victims and the petitioner No. 6 is the informant of the case. 4. It is submitted that after filing of the charge sheet, there was an amicable settlement between the parties and in view of that they also entered into a mutual agreement, whereby the matter has been amicably settled between the parties. 5. It is further submitted that as per the mutual agreement, they have also bear all the expenses for the treatment of the victims and subsequently, the matter has been compromised between them. Further it is submitted that two of the accused persons are college going students and due to some misunderstandings the incident had happened, but now they are living Page No.# 4/5 peacefully without any grievances against each other. 6. He further submitted that on the basis of the mutual agreement the FIR and the charge sheet may be quashed by invoking the power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 and he further submitted that even if the matter is allowed to be continued, there is less chance of conviction and it will be an abuse of the process of the Court. 7. Mr. Ete, learned Addl. PP submitted in this regard that considering the tender age of the accused persons and other aspects of the case, including the compromise between the parties, the State respondent has no objection if the FIR and the charge sheet is quashed and set aside. 8. He further submitted that there is no criminal antecedents of the accused petitioners and considering this aspect of the case, the State raised no objection to that regard. 9. Considering the submissions made by the learned counsel for the parties and it is seen that the matter has already been compromised between the parties and in that regard there is less chance of conviction, even if the case is allowed to be continued as there is less possibility to depose against the accused petitioner by the informant as well as by the victims. 10. In view of above and also considering the view expressed by the Supreme Court in the case Bhajan Lal (supra), this Court is of the opinion that wherein the First Information Report(FIR) as well as the charge sheet registered against the present petitioner Nos. 1, 2 and 3 can be set aside and quashed by invoking the extraordinary power under Section, 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 11. Accordingly, the FIR dated 14.07.20205, which was registered as Page No.# 5/5 Naharlagun P. S. Case No. 93/2025 under Sections 117(3)/3(5) of BNS, 2023 against the petitioner Nos. 1, 2 and 3 and charge sheet dated 21.07.2025 filed under Sections 117(3)/115(2)/3(5) BNS, 2023 against the present petitioner Nos. 1, 2 and 3 is hereby set aside and quashed. 12. This criminal petition accordingly stands disposed of. JUDGE Comparing Assistant