Page No.# 1/6 GAHC040015292024 2025:GAU-AP:168 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Petn./192/2024 Devan Konia and Anr Son of Late Tade Konia, resident of ESS Sector, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 2: Tato Doyom Age: Occupation : Son of Late Tabu Doyom address ESS Sector PO and PS Itanagar Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Teto Taba, Punung Borang,Nimcha Hondique,Vijay Duku Raji,C Ering,Begi Taba Advocate for the Respondent : Ms. L. Hage, Addl. P P of AP, B E F O R E HON’BLE MR. JUSTICE KARDAK ETE JUDGMENT & ORDER (ORAL) 03.02.2025 Heard Ms. C. Ering, learned counsel for the petitioners and also heard Ms. L. Hage, learned Addl. PP for the State. 2. This is an application under Section 528 of BNSS, 2023 jointly filed by the Page No.# 2/6 petitioners praying for quashment of the criminal proceedings of G.R. Case No. 644/2023 corresponding to Itanagar P.S. Case No. 183/2023 under Section 326 of the Indian Penal Code, 1860 pending before the Court of learned Chief Judicial Magistrate, Yupia on the basis of mutual settlement between the petitioners. 3. The case set up by the prosecution, in brief, is that on 17.08.2023, an FIR was lodged by the petitioner No. 2 to the effect that on 17.08.2023 at around 3.30 Hrs, the petitioner No. 1 with an intention to kill the informant brutally attacked him with a sword, as a result of which, the informant sustained serious injuies on the left arm as well as back of the body. It is also stated that the incident had occurred at Bungalow No. 1, ESS sector, Itanagar. 4. Upon receipt of the above FIR, a case being Itanagar P.S. Case No. 183/23 under Section 324 of the Indian Penal Code was registered. After completion of the investigation, a Charge-Sheet has been filed against the petitioner No. 1 on 18.10.2023 under Section 325 of the Indian Penal Code. The learned Trial Court has framed the charge against the petitioner No. 1 under Section 326 of the Indian Penal Code, which is stated to be pending for trial before the learned CJM, Yupia at the stage of examination of the prosecution witnesses. 5. Ms. Ering, learned counsel for the petitioners, submits that the petitioners being friends of the same village have decided to settle the matter. Accordingly, a deed of agreement has been made on 18.07.2024 at Itanagar and had settled the matter to maintain cordial relationship with each other. She submits that since the matter has been settled between the petitioners, the chances of conviction are remote and bleak and the continuance of the criminal proceeding would be futile. Therefore, she submits that the criminal proceedings of G.R. Case No. 644/23 corresponding to Itanagar P.S. Case No. 183/23 may be Page No.# 3/6 quashed. 6. Ms. L. Hage, learned Addl. PP, submits that although the Charge-Sheet has been filed under Section 325 of the Indian Penal Code, considering the gravity of the case and the injuries sustained, the learned Trial Court has framed the charge against the petitioner No. 1 under Section 326 of the Indian Penal Code. She submits that although the informant has sustained serious injuries, since the petitioners have settled the matter between them, this Court may pass appropriate orders as deem fit and proper in the interest of justice. 7. I have considered the submissions of the learned counsel for both the parties and perused the materials available on records. 8. The Hon’ble Supreme Court has enunciated the law on quashment of a criminal proceedings in a catena of decision. In the case of State of Madhya Pradesh -Vs- Laxmi Narayan; reported in (2019) 5 SCC 688, which is reproduced herein below:- “15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: 15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; 15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; 15.3. Similarly, such power is not to be exercised for the offences under Page No.# 4/6 the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; 15.4. Offences under Section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; 15.5. While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” 9. In the present case, records reveals that the petitioner No. 1 had attacked Page No.# 5/6 petitioner No. 2 as a result of which, the petitioner No. 2 sustained serious injuries. Although, the Charge-Sheet was filed under Section 325 of the Indian Penal Code, the learned Trial Court has framed the charge against the petitioner No. 1 under Section 326 of the Indian Penal Code. It is the admitted position that the petitioners are friends and they are from the same village and thereafter, having realised and repentance of the act of the petitioner No. 1, they have settled the matter by executing a deed of agreement dated 18.10.2024 whereby the petitioners have decided to settle the matter for maintaining cordial relationship. The petitioners have also assured to continue maintain their cordial relationship in future. 10. Having considered that the petitioners have settled the matter to maintain cordial relationship by entering into an agreement, it appears that the chances of conviction are remote and bleak. Therefore, the continuance of the instant criminal proceedings before the Court of learned CJM, Yupia would be a futile exercise and would amount to abuse of the process of the law. 11. For the foregoing reasons and in view of the principles of law laid down by the Hon’ble Supreme Court in the case of Laxmi Narayan (Supra), I am of the considered view that this is one of the cases where the inherent power of this Court under Section 528 of BNSS, 2023 is fit to be invoked. 12. Accordingly, considering that the parties have settled the matter, although the petitioner No. 2 has sustained injuries, in the interest of justice, the criminal proceeding of G. R. Case No. 644/2023 corresponding to Itanagar P.S. Case No. 183/2023 under Section 326 of the Indian Penal Code is hereby quashed. 13. In the result, the criminal petition is allowed and disposed of. Page No.# 6/6 JUDGE Comparing Assistant