Page No.# 1/3 GAHC040004012025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./51/2025 Nyai Riba and Anr Son of Inya Riba, resident of Village Liru, PO and PS Likabali, Lower Siang District, Arunachal Pradesh. 2: Nyabom Tasar Age: Occupation : Son of Late Tanya Tasar resident of Village Lipu PO and PS Likabali Lower Siang District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Dilip Saikia, Advocate for the Respondent : P P of AP, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.03.2025 Heard Mr. D. Saikia, the learned counsel appearing for the petitioners. Also heard Ms. L. Hage, the Addl. Public Prosecutor, State of Arunachal Pradesh. Page No.# 2/3 2. This is a joint application under Section 528 of the BNSS, 2023, praying for quashing and setting aside the proceedings of G.R. 18/2025 arising out of Likabali P.S. Case No.25/2010 pending in the court of Chief Judicial Magistrate, Pasighat, Arunachal Pradesh. 3. The first petitioner Sri Nyai Riba lodged an FIR before police alleging that on 17.11.2010 at about 12.40 P.M., the other petitioner Nyabom Tasar had assaulted him for no reasons. 4. Now, both sides have settled their disputes. They have claimed that in this case, the possibility of conviction of the accused in future is very remote and bleak. Therefore, both of them have come together before this Court praying for quashing the FIR and the criminal proceedings pending in the court of Chief Judicial Magistrate, Pasighat, Arunachal Pradesh. 5. I have considered the submissions made by the learned counsel of both sides. 6. The guidelines for consideration of a petition under Section 528 of the BNSS, 2023 has been laid down by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads as under: “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 channelised 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. Page No.# 3/3 (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 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. The offences alleged in this case are an very minor offence. The parties have settled their dispute. So, allowing the criminal proceedings to continue before the trial court, would be noting but an abuse of the process of the court. There is no possibility of future conviction in this case. 8. This is a fit case for exercising power under Section 528 of the BNSS, 2023. Therefore, the criminal petition is allowed. 9. Accordingly, the proceedings of G.R. 18/2025 arising out of Likabali P.S. Case No.25/2010 pending in the court of Chief Judicial Magistrate, Pasighat, Arunachal Pradesh, is quashed and set aside. The Criminal Petition is disposed of. JUDGE Comparing Assistant