Page No.# 1/7 GAHC040018922024 2025:GAU-AP:374 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Petn./228/2024 Bharat Nyodo and 3 Ors Son of M Nyodo, resident of Bomdo Village, PO and PS Jengging, Upper Siang District, Arunachal Pradesh. 2: Safiur Ali Age: Occupation : Son of Shri Abdul Malik resident of Kamarpara PO Characharia PS Sorbing District Barpeta Assam and presently residing at Yingkiong Town Upper Siang District Arunachal Pradesh. 3: Sanidul Ali Age: Occupation : Son of Shri Siddik Ali resident of Chakchalia PO Charcharia PS Sorbhog Barpeta District Assam and presently residing at Yingkiong Town Upper Siang District Arunachal Pradesh. 4: Shahjamal Ali Age: Occupation : Son of Shri Aynal Haque resident of Chakchalia PO Charcharia PS Sorbhog Barpeta District Page No.# 2/7 Assam and presently residing at Yingkiong Town Upper Siang District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Adam Tatak, Kaling Mibang,Tayom Gamoh,Logsang Yountan,Tukrin Ligu,Dejum Tally,Goyi Taba Raju,Tonni Gammi,Tanur Gao,Amy Talom,Tsering Gyatso Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG JUDGMENT & ORDER (ORAL) Date:- 25-03-2025 Heard Ms. A. Talom, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional PP for the State of AP. 2. This application has been jointly filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for compounding the non-compoundable offence charge sheeted against the accused petitioner no. 2, Safiur Ali; petitioner no. 3, Sanidul Ali; petitioner no. 4, Shahjamal Ali and for quashing of the GR case No. 14/2024 arising out of Jengging PS case no. 01/2024 under section 305/3(5) of the BNS, 2023, pending before the Court of the Judicial Magistrate First Class, Upper Siang, Yingkiong. 3. The petitioner no. 1, Shri. Bharat Nyodo, is the informant of the above PS case no. 01/2024, the petitioner no. 2, Safiur Ali; the petitioner no. 3, Shri. Sanidul Ali; and the petitioner no. 4, Shri. Shahjamal Ali are the accused(s) in Page No.# 3/7 the above mentioned GR case no. 14/2024 arising out of Jengging PS case no. 01/2024. 4. The brief facts of the case leading to the filing of this instant criminal petition is that due to miscommunication and misunderstanding between the informant petitioner no. 1 and the accused petitioners nos. 2, 3 and 4, the petitioner no. 1 lodged a written FIR against the petitioner nos. 2, 3 and 4 along with five other persons of the company before the Officer-in-Charge of Jengging, Police Station, suspecting them of committing theft of some items from the company. This led to the registration of the above PS case no. 01/2024 under section 305/3(5) of BNS, 2023 The matter was investigated into and on completion of investigation, the IO has submitted chargesheet against the accused petitioners nos. 2, 3 and 4 for offence under section 305/3(5) of BNS, 2023. 5. However, the real fact of the case, as contended by the learned counsel for the petitioners is that the petitioner no. 1 being a Project Relation Officer at KRC Infra Pvt. Ltd. Bomdo Village, Upper Siang District, while returning back to the site at 10 pm on 18.08.2024, found some machinery items missing from the camp site. At the same time, he also found the petitioners nos. 2, 3 and 4 who are the labourers of the said company were missing from the camp site without any information. Under such situation, suspecting the absentee labourers including the petitioners nos. 2, 3 and 4 for having committed theft of the company’s items, he lodged the written FIR against them. However, later on, it was found that the accused petitioners nos. 2, 3 and 4, actually, had gone to their village Kanurpur at Assam without informing the authority. Thus, the above FIR dated 19.08.2024 which was registered as Jengging PS case no. 01/2024 Page No.# 4/7 was lodged due to the miscommunication and misunderstanding between the informant petitioner no. 1 and the accused petitioners nos. 2, 3 and 4. 6. The petitioners further contended that the material stated to have been stolen was recovered and received by the informant petitioner no. 1. However, since the FIR lodged against the suspected persons were already registered, and such subsequent development was not communicated to the police nor the written FIR was withdrawn on time, the Investigating Officer carried out with the investigation and arrested the accused petitioners nos. 2, 3 and 4. Having realized that due to miscommunication and misunderstanding, the accused petitioners are being harassed, the parties have settled their misunderstanding by executing Settlement Deed on 08.09.2024. The Settlement Deed amongst others contained that the misunderstanding between the informant and the accused petitioners have been settled and the informant petitioner no. 1 having received back the items suspected to have been stolen has forgiven the accused petitioners nos. 2, 3 and 4 and also agreed to withdraw the case against them. 7. However, in the meantime, as the investigation of the case was not stopped, the IO of the case upon completion of the investigation, has filed the case into chargesheet against the accused petitioners nos. 2, 3 and 4 for offence under section 305/3(5) of BNS, 2023 on 11.10.2024. And, subsequently, the learned Court of the Judicial Magistrate First Class, framed charge against them for the above alleged offences on 04.12.2024. 8. The learned counsel for the petitioners further submits that since the offence charged against the accused petitioners are non-compoundable offence, the case is beyond the power of the Trial Court to compound the case, Page No.# 5/7 therefore, the petitioners have filed this criminal petition praying for quashing of the said GR case no. 14/2024, pending before the Court of Judicial Magistrate First Class, Yingkiong. 9. Furthermore, the learned counsel for the petitioners submits that the case involves with allegation of stealing of certain articles by the petitioners nos. 2, 3 and 4, from the company of the petitioner no. 1, due to miscommunication and misunderstanding between the parties; however, since the alleged stolen articles have already been recovered and handed over back to the informant petitioner no. 1, the above dispute is between the individual owner and the persons alleged to have taken away the said articles and it does not affect the society at large. Moreover, the informant petitioner no. 1 does not have any further grievances against the accused petitioners nos. 2, 3 and 4 and therefore, he does not want to pursue with the matter any further. Under the circumstances, the proceeding of the case against the accused petitioners nos. 2, 3 and 4 before the Court of Judicial Magistrate First Class, Yingkiong would cause unnecessary harassment to the parties; hence prays for setting aside the said proceedings. 10. Ms. L. Hage, learned Additional PP while referring to the Trial Court records fairly submits that since the informant and the accused petitioners nos. 2, 3 and 4 have already settled the matter amicably, under the circumstances the trial proceeding before the Court would be a mere formality and a futile exercise as there is hardly chance of any conviction. Therefore, she has no objection if the prayer made by the petitioners is considered and allowed. 11. I have heard and considered the submission of the learned counsels for Page No.# 6/7 the parties. I have also perused the Trial Court record produced before this Court. 12. Upon hearing the parties and on perusal of the records, it appears that due to miscommunication and misunderstanding between the informant and the accused persons, the informant petitioner no. 1 lodged written FIR before the police suspecting eight persons including the accused petitioners nos. 2, 3 and 4, for having stolen some articles from the company. However, the record reveals that immediately after the receipt of the written FIR, the alleged stolen articles were recovered and handed over back to the informant’s company and on receipt of the said articles back, the misunderstanding between the informant and the accused persons were cleared and subsequently, executed a Settlement Deed whereby the informant expressed that he would cooperate for withdrawal of the case against the accused petitioners nos. 2, 3 and 4. 13. Furthermore, the above dispute appears to be in between the individuals and does not affect the society at large. And, since the parties have amicably settled the matter and the informant having no further grievance against the accused persons, expressed that he does 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 the precious judicial time and thus, it would only result in futile exercise. In view of the above, I find sufficient force and logic in the submission of the learned counsel for the petitioners which has the full support of the learned Additional Public Prosecutor. 14. Additionally, in such circumstances, it is now well settled that even if the Page No.# 7/7 offence alleged against the accused persons are non-compoundable offence, the High Court or the Apex Court in exercise of their inherent power may intersect the pending criminal proceedings. In this regard, there are catenae of cases decided by the Hon’ble Supreme Court and various High Courts, however, this Court may gainfully place reliance on the principle of law enunciated by the Hon’ble Apex Court in the case of Ram Gopal Vs. State of Madhya Pradesh reported in 2021 SCC Online 384. 15. In light of the above decision and considering that the case was lodged due to miscommunication and misunderstanding, and subsequently, it was amicably settled between the parties; this Court is of the opinion that the pending criminal proceedings in GR case no. 14/2024 arising out of the Jengging PS case no. 01/2024 under section 305/3(5) of BNS, 2023 needs to be quashed. 16. Accordingly, the GR case no. 14/2024 arising out of the Jengging PS case no. 01/2024 under section 305/3(5) of BNS, 2023 against the accused persons, Safiur Ali , Sanidul Ali, Shahjamal Ali, pending before the Court of the Judicial Magistrate First Class, Upper Siang, Yingkiong is hereby, set aside and quashed. 17. With the above observation, this criminal petition is allowed and disposed of. 18. Return the Trial Court record. JUDGE Comparing Assistant