Page No.# 1/8 GAHC040003172025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./37/2025 Nido Tassap and 14 Ors Son of Late Nido Tara, permanent resident of Village Tamen, PO Boasimla, PS Raga, Kamle District, Arunachal Pradesh. 2: Nido jirjo Age: Occupation : Son of Nido Tana permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 3: Nido Marin Alias Tarin Age: Occupation : Son of Late Nido Tari permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 4: Nido Sagge Alias Bhai Age: Occupation : Son of Late Nido Erin permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 5: Nido Deepak Alias Ache Page No.# 2/8 Age: Occupation : Son of Late Nido Tar permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 6: Nido Tapuk Age: Occupation : Son of Shri Nido Tassap permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 7: Nido Yuto Age: Occupation : Son of Late Nido Tama permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 8: Nido Teshi Age: Occupation : Son of Late Nido Chet permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 9: Nido Bapu Age: Occupation : Son of Shri Nido Tath permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. Page No.# 3/8 10: Nido Eater Age: Occupation : Son of Late Nido Tari permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 11: Nido Boker Age: Occupation : Son of Shri Nido Gida permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 12: Nido Tako alias Ako Age: Occupation : Son of Shri Nido Gida permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 13: Nido Nagor alias Kuchling Age: Occupation : Son of Shri Nido Dicho permanent resident of Village Tamen PO Boasimla PS Raga Kamle District Arunachal Pradesh. 14: Kina Taper Age: Occupation : Son of Late Kina Tana permanent resident of Village Rakar PO Boasimla PS Raga Page No.# 4/8 Kamle District Arunachal Pradesh. 15: Kina Sibo Age: Occupation : Son of Shri Kina Por permanent resident of Village Surya PO Boasimla PS Raga Kamle District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Lissing Perme, A Perme,Signal Yirang,Tabung Nonang,Krishna Dubey Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 19.09.2025 Heard Mr. S. Yirang, learned counsel for the petitioners. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent. 2. This joint application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for quashing and setting aside of the G.R. Case No. 47/2022, arising out of Raga P.S. Case No. 15/2022, under Sections 324/427/34 of the IPC, pending before the learned Chief Judicial Magistrate, Ziro, Lower Subansiri District, Arunachal Pradesh. Page No.# 5/8 3. The petitioners Nos. 1 to 13 are the accused; petitioners Nos. 14 and 15 are the informant and the victim, respectively, in G.R. Case No. 47/2022. 4. The prosecution case leading to the filing of the present petition is that on 18.07.2022, petitioner No.14/informant lodged a written complaint before the Officer-in-Charge, Raga Police Station against the accused/petitioners Nos. 1 to 13, alleging physical assault, snatching of personal belongings, and snatching of a gun belonging to the victim. Based on the above complaint, an FIR was registered as Raga P.S. Case No. 15/2022 under Sections 341/324/34 of the IPC, read with Section 27(1) of the Arms Act, and investigation was initiated. 5. Upon completion of the investigation, the Investigating Officer submitted a charge sheet on 16.04.2023, vide C.S. No. 04/2023, under Sections 324/427/34 of the IPC. Thereafter, the accused/petitioners Nos. 1 to 13 were summoned by the learned Chief Judicial Magistrate, Ziro, and charges were framed against them. The case is currently pending before the said Trial Court for the examination of prosecution witnesses. 6. It is submitted that, during the pendency of the case, the informant, victim, and the accused persons have amicably resolved the matter and executed a Deed of Mutual Settlement dated 24.06.2024. As per the said deed, the FIR was lodged due to a serious misunderstanding between the parties regarding the boundary pillars, which led to pushing and pulling between the parties, eventually resulting in the filing of the charge sheet. 7. Since the matter has now been amicably settled, the informant and the victim have no further grievances against the accused/petitioners and are not inclined to pursue the matter any further. The parties are close relatives, and in Page No.# 6/8 order to maintain their matrimonial and family relationship, the informant and the victim have undertaken to cooperate with the accused/petitioners in filing the appropriate application before the competent Court for quashing of the criminal proceedings. 8. The learned counsel for the petitioners submits that, since the matter has been settled and the parties have no grievances against each other, further continuation of the proceedings would only cause unnecessary harassment to the parties and result in an abuse of the process of law. 9. In view of the facts and circumstances stated above, the learned counsel for the petitioners submits that, as the dispute has been amicably resolved and there is no likelihood of conviction in the case, the proceedings against accused/petitioners Nos. 1 to 13 may be quashed by invoking the powers under Section 528 of the BNSS, 2023. 10. Mr. Ete, learned Additional Public Prosecutor, has fairly submitted that, in view of the amicable settlement between the parties, and considering that the incident allegedly occurred due to a misunderstanding, and in order to maintain peace and harmony between the parties as expressed in the settlement agreement, he has no objection if the prayer of the petitioners is allowed. 11. I have heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor, and also perused the record. 12. The present case arose from alleged incident of physical assault on the victim/petitioner No.15. However, the parties have amicably settled the matter. The informant and the victim, i.e., petitioner Nos.14 and 15, now have no further grievance against the accused/petitioner Nos.1 to 13 and does not wish Page No.# 7/8 to pursue the case any further. The matter appears to be of a personal nature and does not affect society at large. Given the facts and circumstances of the case, there appears to be only a remote possibility of conviction. In view of the above, continuing the proceedings against the accused person would be a futile exercise and an abuse of the process of law. 13. The Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Ors. reported in (2019) 5 SCC 688 held that the High Court in exercise of power under 482 of the Code can quashed the criminal proceeding even for non-compoundable offences which are private in nature and do not have serious impact on society on the ground that there is settlement/compromise between the victim and the offender. 14. In light of the principle laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, reported in[(2012) 10 SCC 303], Narinder Singh v. State of Punjab reported in[(2014) 6 SCC 466], as well as the State of Madhya Pradesh v. Laxmi Narayan (supra), where the Apex Court has permitted quashing of proceedings even in non compoundable offence in cases involved in private disputes which do not affect the society at large, this Court is of the opinion that this is a fit case, where inherent power under Section 482 of Cr.P.C/Section 528 of BNSS, should be exercised to secure the ends of justice. 15. Accordingly, the proceeding in G.R. Case No. 47/2022, arising out of Raga P.S. Case No. 15/2022, under Sections 324/427/34 of the IPC, pending before the Court of the learned Chief Judicial Magistrate, Ziro against the accused/petitioner Nos 1 to 13, namely 1. Shri Nido Tassap; 2. Shri Nido Jirjo; 3. Shri Nido Marlin alias Tarin; 4. Shri Nido Sagge alias Bhai; 5. Shri Nido Deepak alias Ache; 6. Shri NidoTapuk; 7. Shri Nido Yuto; 8. Shri Nido Teshi; 9. Shri Nido Bapu; 10. Shri Nido Eater; 11. Shri Nido Boker; 12. Shri Nido Tako Page No.# 8/8 alias Ako; and 13. Shri Nido Nagor alias Kuchling, is hereby quashed in the interest of justice. 16. With the above, this petition stands disposed of. JUDGE Comparing Assistant