Page No.# 1/6 GAHC040015682026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./303/2026 Nabam Dodum and 2 Ors Son of Nabam Tare, Leporiang Village, PO and PS Sagalee, Papum Pare District, Arunachal Pradesh. 2: Ms Moyir Basar Age: Occupation : Daughter of Tamo Basar Gori Basar PO and PS Basar Leparada District Arunachal Pradesh. 3: Tato Mosu Age: Occupation : Son of Late Taring Mosu Karte Village PO and PS Mechuka Shi Yomi District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Binny Nyaruce, Meenakshi Jerang,R Taku Advocate for the Respondent : P P of AP, -BEFORE- Page No.# 2/6 HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.09.2026 Heard Ms. R. Taku, learned counsel appearing for the petitioners and T. Jini, learned Addl. PP for the State. 2. The instant petition under Section 528 of the BNSS, 2023 has been filed jointly by the petitioners praying for quashing and setting aside of FIR No.368/2021 dated 19.08.2021 and subsequent charge sheet No. 133/2024 of Itanagar Police Station corresponding to G.R. Case No 752/2021 registered under Section 341/323/353 of the IPC. 3. The gist of the fact involved in the instant case is that the petitioner No. 3 is a security guard posted in the secretariat. While the petitioner No. 1 is a student leader and the petitioner No. 2 is the informant in the instant case. The incident occurred when the petitioner No. 1 wanted to visit the secretariat and the petitioner No. 3 was posted in the gate of the secretariat and due to certain misunderstanding, some scuffle occurred between petitioner No.1 & 3. After witnessing the occurrence by the petitioner No. 2, the petitioner No. 2 filed the FIR alleging that the petitioner No. 1 had assaulted the petitioner No. 3 for no reason. 4. On receipt of the FIR, the police registered Itanagar P.S. Case No. 368/2021 under the aforementioned sections. 5. After the investigation, police submitted the charge sheet vide charge Page No.# 3/6 sheet No. 133/2024 dated 01.08.2024. 6. The learned counsel appearing for the petitioners submits that incident occurred due to certain misunderstanding and the petitioner No. 3 has not received any grievous injury and the injury as per the medical examination is simple in nature. She submits that the petitioner No. 3 has already recovered long time back and after realizing the mistake by the petitioner No. 1, the petitioner No. 1 approached the petitioner Nos. 2 & 3 and all agreed to settle the matter amicably and not to proceed with the G.R. Case No. 752/2021 pending before the learned JMFC, Naharlagun. The learned counsel submits that in terms of their agreement, the petitioners have also executed a settlement deed dated 09.08.2025, wherein, all the parties involved have agreed to settle the matter amicably and close the issue. 7. In view of the aforesaid, the learned counsel submits that the instant petition should be allowed by quashing the FIR as well as the subsequent proceeding pending before the JMFC, Naharlagun. 8. Ms. T. Jini, learned Addl. PP submits that since the issue involved is petty offence and the parties have already settled the issue by executing a settlement deed, she does not have any objection, if the prayer of the petitioners is allowed. 9 Taking into account the submissions made by the learned counsel appearing for the parties, this Court is of the considered opinion that the Page No.# 4/6 instant criminal petition can be allowed by quashing the proceeding pending before the JMFC, Naharlagun. 10. The law relating to quashing of criminal proceedings in non- compoundable offences on the basis of compromise between the parties under Section 528 of the BNSS has been enunciated by the Hon’ble Supreme Court in the case of State of Madhya Pradesh vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688. The paragraph 15 of the aforesaid judgment, being relevant, is extracted 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 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 Page No.# 5/6 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 (supra) 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.” Page No.# 6/6 11. Having regard to the facts and considering that the dispute between the petitioner Nos. 1, & 3 are primarily of private in nature and as stated above, the parties have already come to a mutual agreement by settling their whole differences by executing a Deed of Settlement and also taking into account the ratio laid down by the Hon’ble Supreme Court in the aforesaid case of Laxmi Narayan & Ors. (supra), this Court is of the considered opinion that the instant case is one where the inherent powers of this Court under Section 528 of the BNSS could be invoked. Consequently, the Itanagar P.S. Case No. 368/2021 corresponding to GR Case No. 752/2021 under Section 341/323/353 of the IPC along with the proceeding before the JMFC, Naharlagun is hereby quashed. The criminal petition stands disposed of, as allowed. JUDGE Digitally signed by Talom Tali Date: 2026.09.18 14:04:18 +05'30'