Page No.# 1/7 GAHC040015832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./196/2024 Hillang Sam and 15 Ors Son of Shri Hillang Tade, resident of Pachin Colony, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. 2: Yangda Tate Age: Occupation : Son of Shri Yangda Taji resident of Village Pachang PO and PS Parsi Parlo Kurung Kumey District Arunachal Pradesh. 3: Apotso Chikro Age: Occupation : Son of Shri Wechelum Chikro resident of Kandal Village PO and PS Hawai Anjaw District Arunachal Pradesh. 4: Tarh Tayo Age: Occupation : Son of Shri Tarh Gablo resident of Hiya PO and PS Nyapin Kurung Kumey District Arunachal Pradesh. 5: Mater Baja Age: Occupation : Son of Shri Tama Baja Page No.# 2/7 resident of Dan Village PO and PS Raga Kamle District Arunachal Pradesh. 6: Tenzing Tamut Age: Occupation : Son of Shri Tarik Tamut resident of Boleng PO and PS Boleng Siang District Arunachal Pradesh. 7: Anjey Riang Age: Occupation : Son of Late Baji Riang resident of Embo Riang PO Bamang PS Seppa East Kameng District Arunachal Pradesh. 8: Charu Maja Age: Occupation : Son of Shri Charu Tangum resident of Romgle Rile PO and PS Chambang Kra Daadi District Arunachal Pradesh. 9: Taro Bakar Age: Occupation : Son of Shri Tade Baker resident of Mosing Village PO and PS Nacho Upper Subansiri District Arunachal Pradesh. 10: Nikhil Nyongkar Age: Occupation : Son of Shri Take Nyongkar resident of Nungnu Village PO and PS Taliha Page No.# 3/7 Upper Subansiri District Arunachal Pradesh. 11: Kamrik Taba Age: Occupation : Son of Shri Kamrik Takam resident of Gonang Village PO Parsi Parlo PS Koloriang Kurung Kumey District Arunachal Pradesh. 12: Tarh Kecha Age: Occupation : Son of Tarh Mangha resident of Mengio Village PO and PS Sagalee Papum Pare District Arunachal Pradesh. 13: Matin Lego Age: Occupation : Son of Shri Theru Lego resident of Damro Village PO and PS Mariyang Upper Siang District Arunachal Pradesh. 14: Lindum Tayu Age: Occupation : Son of Shri Lindum Takang resident of Tungbia Village PO and PS Parsi Parlo Kurung Kumey District Arunachal Pradesh. 15: Saket Kushwaha Age: Occupation : Former Vice Chancellor of the Rajiv Gandhi University Rono Hills Doimukh Arunachal Pradesh. 16: N T Rikam Page No.# 4/7 Age: Occupation : Registrar Rajiv Gandhi University Rono Hills Doimukh Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Marto Kato, R. Riba,Mepe Ete,M Tanga,Nyali Sora Advocate for the Respondent : P P of AP, -B E F O R E- HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA JUDGMENT &ORDER (ORAL) Heard Mr. M. Ete, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Addl. PP for the State. 2. This application under Section 528 of BNSS, 2023 has been filed jointly by the petitioners, namely, (1) Shri Hillang Sam; (2) Shri Yangda Tate; (3) Shri Apotso Chikro; (4) Shri Tarh Tayo; (5) Shri Mater Baja; (6) Shri Tenzing Tamut; (7) Shri Anjey Riang; (8) Shri Charu Maja; (9) Shri Taro Bakar; (10) Shri Nikhil Nyongkar; (11) Shri Kamrik Taba; (12) Shri Tarh Kecha; (13) Shri Matin Lego; (14) Shri Lindum Tayu; (15) Shri Saket Kushwaha; and (16) Shri N. T. Rikam praying for quashing of the criminal proceedings in connection with G. R. Case No. 849/2022 under Section 147/149/186/323/332/353/34 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984 corresponding to Doimukh P.S. Case No. 47/2022. Page No.# 5/7 3. The facts relevant for consideration of the instant criminal petition, in brief, are that on 17.10.2022, the petitioner No. 15 i.e. the Vice Chancellor of Rajiv Gandhi University had lodged a written FIR before the Officer-in- Charge of Doimukh Police Station, inter alia, alleging that on that day some students of the said University forcibly entered into the chamber of the informant and started commotion and manhandled the official staffs. It was also alleged that they damaged the property of the university and attempted to assault the officials. On receipt of the said FIR, Doimukh P.S. Case No. 47/2022 was registered and investigation was initiated. Ultimately, Charge-Sheet was laid against the petitioner Nos. 1 to 13 under Section 147/149/186/332/353/34 of the Indian Penal Code read with Section 3 of the PDPP Act,1984. 4. Learned counsel for the petitioners has submitted that in the meanwhile, the University authorities and the petitioners who were the students of the University have arrived at amicable settlement with regard to the matter. He also submits that the petitioners have also paid an amount of Rs.5,71,000/- against the cost of damage caused to the property. He submits that the petitioner Nos. 15 & 16 who are the Vice Chancellor and the Registrar of the University have also entered into a deed of settlement on 24.10.2024 with the above named petitioners and the University authority does not intend to proceed with the G.R. Case No. 849/2022 and hence, prayed for quashing of the said proceeding. 5. Learned counsel for the petitioners has submitted that since the matter has been amicably settled between the parties i.e. the students (petitioner Nos. 1 to 14) and the university authority (petitioner Nos. 15 & 16), for maintenance of conducive academic environment in the university, Page No.# 6/7 the present criminal proceeding where there is a bleak chance of conviction, needs to be quashed. In support of his contention, learned counsel for the petitioners has cited the ruling of the Apex Court in the case of Narinder Singh and Others-vs-State of Punjab; reported in 2014 (6) SCC 466. 6. On the other hand, Mr. G. Tado, learned Addl. PP has opposed the prayer for quashing of the criminal proceeding against the petitioner Nos. 1 to 13 on the ground that the Charge-Sheet has been laid in this case under a special statute i.e. Prevention of Damage to Public Property Act, 1984 as well as on the ground that any leniency shown in this regard would give indulgence to miscreants elements amongst the students. 7. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record. 8. On perusal of the compromise agreement arrived at between the University authority as well as between the students of Rajiv Gandhi University, it appears that in terms of the said agreement, the University authority has agreed to not to pursue the criminal case arising out of Doimukh P.S. Case No. 849/2024 and an amount of Rs.6.72 Lakhs has been deposited by the Rajiv Gandhi Students union to the University authority for the loss suffered by the University authority. It also appears that students who were involved in vandalism have vacated their hostel rooms and are not allowed for admission in any of the courses under Rajiv Gandhi University. There are other terms and conditions which were agreed to by the accused petitioners and the University authorities. 9. On the basis of materials available on record including the settlement Page No.# 7/7 agreement between the erring students as well as University authority, this Court is of the considered opinion that in view of the settlement between the parties, there is a bleak chance of conviction in the aforesaid criminal proceedings and continuance of criminal proceeding would only be a futile exercise. Though, acts concerning damage to public property can never be encouraged, more so, by the student community, however, in the instant case, the University authority has been compensated for the loss suffered by it. Moreover, maintenance of conducive academic environment in the university, the settlement arrived at between university authority and student community should be respected. 10. In view of the above, this Court is inclined to quash the criminal proceeding arising out of Doimukh P.S. Case No. 849/2022 pending against the petitioner Nos. 1 to 13 in the Court of learned Judicial Magistrate, First Class, Yupia is hereby quashed. 11. This criminal petition is accordingly allowed and disposed of. JUDGE Comparing Assistant