Page No.# 1/3 GAHC040013962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./181/2024 Dakji Ngomdir and Anr Son of Shri Modak Ngomdir, Resident of Upper Colony, PO and PS Aalo, West Siang District, Arunachal Pradesh. 2: Moli Kamdak Age: Occupation : Son of Shri Tumo Lamdak resident of Dipa Village PO and PS Likabali Lower Siang District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jumge Karbak, Bate Joel Koyu Advocate for the Respondent : P P of AP, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 20.03.2025 Heard Mr. B.J. Koyu, the learned counsel appearing for the petitioners. Also heard Ms. T. Jini, 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 the criminal proceedings relating to Aalo P.S. Case No.46/2023 [FIR dated 23.08.2023] and the connected Charge Sheet No.66/2023 dated 18.12.2023 [G.R. Case No.63/2023]. 3. On 23rd August, 2023, Sub-Inspector of Police Moli Kamdak went to the house of a person called Montu Neog at Sipu Colony, Aalo for the purpose of an investigation of a particular complaint filed by Montu Neog. There, the first petitioner Dakji Ngomdir had an argument with the petitioner Moli Kamdak. Therefore, Moli Kamdak lodged an FIR before police alleging that Dakji Ngomdir had interfered in the investigation. 4. Now, both Moli Kamdak and Dakji Ngomdir have come to this Court and jointly filed the present application stating that they have compromised their dispute. 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, which is a pari materia of Section 482 of the CrPC 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 Page No.# 3/3 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. (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. Since the informant police officer has agreed not to proceed further with this case, in such a circumstance, there is no possibility of future conviction in this case. Thus, allowing such a criminal proceeding to continue before the trial court, would be noting but an abuse of the process of the court. 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 criminal proceedings relating to Aalo P.S. Case No.46/2023 [FIR dated 23.08.2023] and the connected Charge Sheet No.66/2023 dated 18.12.2023 [G.R. Case No.63/2023], is quashed and set aside. The Criminal Petition is disposed of. JUDGE Comparing Assistant