Page No.# 1/5 GAHC040007262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./97/2023 Ikar Ronya and 2 Ors. S/o Shri Bomi Ronya, Permanent Resident of Village Doko Putu, Liromoba, PO/PS Liromoba, District West Siang, Arunachal Pradesh. 2: Tummo Tali Age: Occupation : S/o Shri Muktum Tali A Permanent Resident of Village Sere Likar PO/PS Kamba District West Siang Arunachal Pradesh. Contact No. 9612571623 3: Ibom Ronya Age: Occupation : S/o Bommi Ronya Permanent Resident of Dokoputu Village PO/PS Liromoba West Siang Dist. (AP VERSUS THE STATE OF AP Represented through the Ld. Public Prosecutor. Advocate for the Petitioner : Kali Bogo, Kemo Lollen,D Ado,Geli Taye Page No.# 2/5 Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 11-09-2025 Heard Mr. K. Lollen, learned counsel for the petitioners and Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh. 2. This is an application under Section 482 of the Cr.P.C, jointly filed by the informant, accused and the victim, praying for setting aside and quashing of the G.R. Case No. 111/2022 arising out of Kamba P.S. Case No. 11/2022 under Section 324 of the IPC pending before the Chief Judicial Magistrate, Aalo. 3. The petitioner No. 1 is the informant; the petitioner No. 2 is the accused; and the petitioner No. 3 is the victim in the above G.R. Case arising out of Kamba P.S. Case No. 11/2022. 4. The prosecution’s case in brief is that the petitioner No. 1 lodged a written FIR before the Officer-in-Charge, Kamba Police Station, West Siang District, Arunachal Pradesh against the petitioner No. 2 alleging that the petitioner No. 2 stabbed the petitioner No. 3 by sharp knife in stomach, causing serious injuries. Accordingly, the police registered the above P.S. Case No. 11/2022 under section 324 of the IPC. Upon completion of the investigation, the I.O. of the case submitted charge-sheet against the accused petitioner No. 2 under Section 324 of the IPC. Thereafter, the learned Judicial Magistrate, Aalo has taken cognizance of the offence and issue process. 5. It is submitted that during the pendency of the trial, the parties have Page No.# 3/5 amicably resolved the matter amongst themselves through Keba agreement in the presence of village elders and relatives of all the parties. The agreement contained the following: (i) that the accused petitioner No. 2 and the victim petitioner No. 3 are college friends. The victim petitioner No. 3 is a clan brother of the girl, whom he came to rescue when a squabble occurred between the accused petitioner No. 2 and the said girl. The incident occurred due to misunderstanding; (ii) that the accused petitioner No. 2 has already compensated the victim petitioner No. 3 by bearing his entire medical expenses for treatment, amounting to about Rs.2,00,000/- (Rupees Two Lakh) and has also paid one Mithun as a compensation for the injury caused; (iii) that after receiving the said compensation, both the informant and the victim have no further grievance against the accused petitioner No. 2 and they no longer wish to pursue with the matter; (iv) and that the informant and the victim have agreed to cooperate with the accused in seeking withdrawal of the case from the Court. 6. In view of the above facts and circumstances, the learned counsel for the petitioners, Mr. Lollen, submits that since the parties have amicably settled the matter by paying adequate compensation to the victim and therefore, prays for setting aside of the proceeding pending before the Court of Chief Judicial Magistrate, Aalo. 7. Mr. T. Ete, learned Public Prosecutor for the State fairly submits that since Page No.# 4/5 the parties have amicably settled the matter and in view of the agreement entered into between the parties, there is a remote chance of conviction in the instant case and therefore, submits that he has no objection if the prayer of the petitioners is allowed. 8. I have heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor and also perused the material available on record. 9. The present case arose out of an argument between two friends and the assault involving a clan sister of the victim, which resulted in inflicting injury to the victim, leading to filing of the FIR and submission of charge-sheet against the accused petitioner No. 2 under Section 324 of the IPC. However, both being the college friends, the matter was amicably resolved between the parties. The victim has been adequately compensated by the accused petitioner No. 2, who bore the entire cost of medical treatment and also paid one Mithun as per the Keba agreement executed in presence of the village elders and relatives of both the parties, in the interest of justice and peaceful co-existence amongst the parties. Considering that the matter is private in nature, involving the individuals and does not affect the society at large, the continuation of proceedings does not appear necessary. Under the facts and circumstances of the case, there appears to be a remote possibility of conviction. In that view of the matter, the further proceeding against the accused person would be a futile exercise and an abuse of the process of law. 10. The Hon’ble Supreme Court in the case of the 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 Page No.# 5/5 settlement/comprise between the victim and the offender. 11. 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 ( now Section 528 of BNSS), could be exercised to secure the ends of justice. 12. Accordingly, the proceeding in G.R. Case No. 111/22 arising out of Kamba P.S. Case No. 11/2022 under Sections 324 of the IPC, pending before the learned Court of Judicial Magistrate, Aalo, against the accused, namely, Shri Tummo Tali, is hereby set aside in the interest of justice. 13. With the above, this petition stands disposed. JUDGE Comparing Assistant