Page No.# 1/8 GAHC040015442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./194/2024 Tsering Chombey and 6 Ors Son of Late Phurpa Tsering, resident of Village Luguthang, PO Thingbu, PS Jang, District Tawang, Arunachal Pradesh. 2: Nima Gombu Age: Occupation : Son of Late Sangey resident of Lugutnag PO Thingbu PS Jang District Tawang Arunachal Pradesh. 3: Lobsang Tsering Age: Occupation : Son of Kesang Tsering permanent resident of Kharung Village PO and PS Jang District Tawang Arunachal Pradesh. 4: Lham Tsering Age: Occupation : Son of Kesang Tsering permanent resident of Kharung Village PO and PS Jang District Tawang Arunachal Pradesh. 5: Tashi Phuntso Page No.# 2/8 Age: Occupation : Son of Nawang Norbu permanent resident of Village Mangnam PO and PS Lumla District Tawang Arunachal Pradesh. 6: Tenzin Norbu Age: Occupation : Son of Gombu permanent resident of Village Mangnam PO and PS Lumla District Tawang Arunachal Pradesh. 7: Lham Tsering Age: Occupation : Son of Sangey Tsering permanent resident of Village Khet PO Mukto PS Jang District Tawang Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Binter Picha, Tao Tarin,Jumgam Jini Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG JUDGMENT AND ORDER (ORAL) 25.02.2025 Heard Mr. B. Picha, learned counsel for the petitioner. Also heard Mr. G. Page No.# 3/8 Tado, learned Addl. PP for the State. 2. This is an application jointly filed by the petitioners under Section 528 of BNSS, 2023 for quashing and setting aside G.R. Case No. 08/2023, arising out of Jang P.S. Case No. 03/2023 under Section 457/380 of the Indian Penal Code, pending before the Court of the Judicial Magistrate, First Class, Tawang, Arunachal Pradesh against the accused petitioner Nos. 3, 4, 5, 6 & 7. 3. The petitioner No. 1, Shri Tsering Chombey and petitioner No. 2 Shri Nima Gombu are the informants. The petitioner No. 3 Shri Lobsang Tsering; petitioner No. 4 Shri Lham Tsering S/o Kesang Tsering; petitioner No. 5 Shri Tashi Phuntso; petitioner No. 6 Shri Tenzin Norbu and the petitioner No. 7 Shri Lham Tsering, S/o Sange Tsering are the accused persons in the above-mentioned G. R. Case No. 08/2023. 4. The brief facts of the case is that on 29.04.2023, the petitioner Nos. 1 & 2 lodged a written FIR before the Officer-in-Charge, Police Station, Jang under Tawang District, to the effect that on the night of 28.04.2023, some miscreants entered in the Luguthang Gonpa by breaking the lock system of main door and stolen away one old holy book of Buddhist written in golden letter weighing about 30-40 Kg and prays for necessary action. 5. Based on the above written FIR, the police have registered the above Jang P.S. Case No. 03/2023 under Section 457/380 of Indian Penal Code and investigated into. After completion of the investigation, the case was submitted into Charge-Sheet against the accused petitioner Nos. 3, 4, 5, 6 & 7 for commission of offence under Section 457/380 IPC. 6. The learned counsel for the petitioners submits that on the night of 28.04.2023, the petitioner Nos. 3 & 4 under the influence of alcohol had visited Luguthang Gonpa and out of curiosity had taken away the holy book for knowledge purpose. However, while still being under the influence of alcohol, Page No.# 4/8 the petitioner Nos. 3 & 4 had thrown away the holy book in the Jungle of Luguthang Village, in which, the accused petitioner Nos. 5, 6 & 7 are also involved. It is further submitted that immediately after registration of the case, the accused persons were arrested and recovered the said holy book from the jungle and given back to the Luguthang Gonpa authority through the informant on zimma. On such receipt of the holy book back and on consideration of the fact of the incident narrated by the accused persons, the informants representing the Luguthang Gonpa have forgiven the accused petitioners as the materials involved are holy book of the Luguthang Gonpa and the Gonpa authority on humanitarian consideration did not want to pursue with the matter before the Court. 7. The learned counsel for the petitioners further submits that, however, such subsequent development on the case was not properly intimated to the I.O. of the case, resulting submission of the case into Charge-Sheet. It is further submitted that although the matter was amicably settled between the parties, the same was not reduced into writing. Therefore, on 22.10.2024, the parties have executed a deed of settlement showing that the matter has been amicably settled between the parties. The relevant portion of the fact of the case and the condition for settlement in the deed of settlement are reproduced below:- “3..that, it is learnt from the incident that the Second parties namely Shri Tashi Phuntso, Shri Tenzin Norbu and Shri Lham Tsering has no role and knowledge in the incident of taking holy book from Luguthang Gonpa by the Second parties namely Shri Lobsang Tsering and Shri Lham Tsering under the influence of alcohol; 4..That, the background of the facts came to know by the First parties after registration of FIR. In fact, after registration of FIR, the Holy Book was also recovered by the Investigating Officer from the jungle of Luguthang Village; and 5..That, the incident of taking holy book from Luguthang Gonpa under the influence of alcohol and without the permission of the village authorities were informed by the Second parties to the First Parties. After disseminating about background of the case to the First parties, the Second Parties have tendered unconditional Page No.# 5/8 apology before the First parties and sought forgiveness for their unfortunate act”. The conditions of the settlement are as under: “1..that, the Second parties have accepted their mistake and promised before the First Parties not to repeat such mistake in future, and for which the Second Parties have tendered unconditional apology; 2..That, the First Parties being complainant in FIR No. 03/2023, registered under Section 457/380 of IPC, 1860 has accepted the unconditional apology of the Second Parties; 3..That, the First Parties agrees to pursue the matter before the appropriate Court for withdrawal of FIR No. 03/2023, registered under Section 457/380 of IPC, 1860; 4..That, on account first mistake committed by the Second Parties, through this deed of settlement, the First Parties have forgiven the mistakes of the Second Parties and blessed them with bright future; and 5..That, this deed of settlement is a testimony of forgiveness”. 8. However, since the offence charged against the accused persons are non- compoundable offences, it is beyond the power of the Judicial Magistrate, First Class to compound the non-compoundable case, the petitioners have filed this Criminal petition praying for setting aside the trial proceeding in G.R. Case No. 08/2023 pending before the Judicial Magistrate, First Class, Tawang. 9. The learned counsel for the petitioners submits that the case involves with allegation of stealing of the holy book by the petitioner Nos. 3, 4, 5, 6 & 7 from the Luguthang Gonpa under the influence of alcohol, however, as the alleged stolen article have already been recovered and handed over back to the informant representing the Luguthang Gonpa, the above dispute is between the owner and the person alleged to have stolen away the said article and it does not affect the society at large. Moreover, the informant petitioner Nos. 1 & 2; representing the Luguthang Gonpa having received back their holy book, expressed that they do not have any further grievances against the accused petitioner Nos. 3, 4, 5, 6 & 7 and thus, they do not want to pursue with the Page No.# 6/8 matter any further. Under the circumstances, the proceeding of the case against the accused petitioner No. 3, 4, 5, 6 & 7 before the Judicial Magistrate, First Class, Tawang would cause unnecessary harassment to the parties; hence, prays for setting aside the said proceeding. 10. Mr. G. Tado, learned Addl. PP raise objection to the compounding of the case as it involves with the holy book of the Luguthang Gonpa and the offences are non-compoundable offence. However, while referring to the record, he has fairly submitted that the matter has been amicably settled between the informants and the accused petitioners by executing a settlement deed on 22.10.2024. He also fairly admitted that although the accused petitioners have admitted their guilt as could be seen from the settlement deed, however, since the informant have already forgiven the accused persons as they have received back their holy book in good condition, there is hardly chance of conviction of the accused persons in the present case. Therefore, he submits that an appropriate order may be passed in exercise of provision under Section 528 of BNSS, 2023. 11. I have heard and considered the submission of the learned counsel or the parties. I have also perused the record produced before this Court. 12. Upon hearing the parties and on perusal of the records, it appears that under the influence of alcohol, the accused petitioner Nos. 3 & 4 had stolen the holy book from the Luguthang Gonpa and later on, they were joined by the accused petitioner Nos. 5, 6 & 7 , due to which, the informants have lodged written FIR for loss of holy book resulting registration of the case and filing of Charge-Sheet against the accused persons. The record also reveals that immediately after the registration of the case, the accused persons were arrested and recovered and handed over the holy book back to the informants representing the Luguthang Gonpa, and on receipt of their holy book back, the Page No.# 7/8 informants representing the Luguthang Gonpa have already forgiven the accused persons for their mistake committed under the influence of alcohol. 13. Further, the above dispute appears to be in between the parties and it does not affect the society at large. And since the parties have amicably settled the matter by executing a deed of agreement, the informants having no further grievances against the accused persons do not want to pursue with the matter any further against the accused persons. Under the circumstances, it appears that the continuation of the case before the Trial Court would only cause hardship to all the parties and waste of precious judicial time and thus, it would only result in futile exercise. 14. In view of the above, I find sufficient force and logic in the submission of the learned counsel for the petitioners, which has been tacitly supported by the learned Addl. PP. 15. Further, in such circumstances, it is now well settled that even if the offence alleged against the accused persons are non-compoundable offence, the High Court or the Apex Court in exercise of their inherent power may intercept the pending criminal proceeding. In this regard, there are catenae of cases decided by the Hon’ble Supreme Court and the various High Court, however, this Court may gainfully place reliance on the principles of law enunciated by the Hon’ble Apex Court in the case of Ramgopal -vs-State of Madhya Pradesh; reported in (2021) SCC online 384. 16. In light of the above decision and considering that the alleged offence was committed by the accused persons under the influence of alcohol and also considering that the case has been amicably settled between the parties; this Court is of the opinion that the pending criminal proceeding in G.R. Case No. 08/2023 arising out of Jang P.S. Case No. 03/2023 needs to be quashed. 16. Accordingly, the G.R. Case No. 08/2023 arising out of Jang P.S. Case No. Page No.# 8/8 03/2023 under Section 457/380 IPC against the accused petitioners, namely, Shri Lobsang Tsering (petitioner No. 3), Shri Lham Tsering, S/o Kesang Tsering (Petitioner No.4), Shri Tashi Phuntso (Petitioner No.5), Shri Tenzin Norbu (Petitioner No.6) and Shri Lham Tsering, S/o Sangey Tsering (Petitioner No.7) pending before the Court of Judicial Magistrate, First Class, Tawang is hereby set aside and quashed. 17. With the above observation, this criminal petition is allowed and disposed of. Return the TCR, forthwith. JUDGE Comparing Assistant