Page No.# 1/5 GAHC040003612026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./61/2026 Bomken Likar and 2 Ors Son of Late Jumbom Likar, resident of Sari Likar Village, PO and PS Liromoba, West Siang District, Arunachal Pradesh. 2: Mija Gamlin Age: Occupation : Son of Shri Karmi Gamlin resident of Tego Gamlin PO and PS Yomcha West Siang District Arunachal Pradesh. 3: Miss Tumbom Riba Age: Occupation : Daughter of Shri Dotum Riba resident of Ragi PO and PS Basar Leparada District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Lukter Jilen, Geba Lomi Advocate for the Respondent : P P of AP, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 16.03.2026 Heard Mr. G. Lomi, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent. 2. This joint application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for quashing and setting aside G.R. Case No. 113/2022 arising out of FIR being Kamba P.S. Case No. 14/2022, registered under Sections 448/354(b)/506/34 of the IPC against the accused/present petitioner Nos. 1 and 2. 3. Petitioner Nos. 1 and 2 are the alleged accused, and petitioner No. 3 is the informant in the aforesaid G.R. Case No. 113/2022 arising out of FIR being Kamba P.S. Case No. 14/2022. 4. The brief fact of the case leading to the filing of the present petition is that in the year 2022, a student election was held at Donyi Polo Government College, Kamki, West Siang District. During the said election, petitioner Nos. 1 and 2 and petitioner No. 3/ informant were supporting different candidates for the post of General Secretary, and due to some misunderstanding arising during the election campaign; an argument took place between petitioner Nos. 1 and 2 on the one side and petitioner No. 3/ informant on the other side on 20.09.2022, which resulted in a minor physical altercation between them. During the said incident, two friends of petitioner No. 3/informant sustained simple injuries. Thereafter, she lodged an FIR on 21.09.2022 alleging verbal abuse and provocation by the present petitioner Nos. 1 and 2 against her, pursuant to Page No.# 3/5 which the case was registered as Kamba P.S. Case No. 14/2022, under Sections 448/354B/506/34 of the IPC. Accordingly, petitioner Nos. 1 and 2 were arrested and subsequently granted bail on 30.11.2022. Upon completion of the investigation, the IO submitted the charge-sheet on 13.12.2024, and the trial of the case is yet to commence. The matter is presently pending before the Court of the learned Chief Judicial Magistrate, Aalo, West Siang, as G.R. Case No. 113/2022 and is presently at the stage of consideration of charge. 5. Mr. Lomi, learned counsel for the petitioners, submitted that the case is of the year 2022 and that during the pendency of the trial, the matter has been amicably resolved between the parties, and executed a Mutual Settlement Agreement dated 13.12.2025. He further submits that petitioner Nos. 1 and 2 (accused) and petitioner No. 3 (informant) have expressed that they are not willing to proceed with the matter any further, as the incident arose due to a misunderstanding between the parties. Further, petitioner No. 3 has no grievance against petitioner Nos. 1 and 2 and does not wish to pursue the matter any further. 6. He further submits that the offences under Sections 448 and 506 of the IPC are compoundable in nature, whereas the offence under Section 354B of the IPC is non-compoundable. 7. In view of the facts and circumstances stated above, learned counsel for the petitioners submits that since the matter has been amicably settled and there is no likelihood of conviction, the proceedings against petitioner Nos. 1 and 2 may be quashed by invoking the power under Section 528 of the BNSS. 8. Ms. Hage, learned Additional Public Prosecutor, fairly submitted that in view Page No.# 4/5 of the amicable settlement between the parties, and considering that the incident allegedly occurred due to some misunderstanding between the parties and that petitioner No. 3 has no further grievance and does not wish to pursue the matter, she has no objection if the prayer of the petitioners is allowed. 9. I have heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor and perused the record. 10. The present case arose due to a misunderstanding during the student election campaign on 20.09.2022, which resulted in a minor physical altercation between the parties. However, during the pendency of the trial, the parties have amicably settled the matter. The petitioner No. 3 (informant) now has no grievance against the accused/petitioner Nos. 1 and 2 and does not wish to pursue the case. The dispute appears to be personal in nature and does not affect society at large. Given the facts and circumstances of the case, there appears to be only a remote possibility of conviction. In view of the above, continuation of the criminal proceedings against the accused would be a futile exercise and would amount to an abuse of the process of law. 11. The Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Ors. reported in (2019) 5 SCC 688 held that the High Court in exercise of power under 482 of the Code can quashed the criminal proceeding even for non-compoundable offences which are private in nature and do not have serious impact on society on the ground that there is settlement/compromise between the victim and the offender. 12. In light of the principle laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, reported in[(2012) 10 SCC 303], Narinder Singh Page No.# 5/5 v. State of Punjab reported in[(2014) 6 SCC 466], as well as the State of Madhya Pradesh v. Laxmi Narayan (supra), where the Apex Court has permitted quashing of proceedings even in non-compoundable offence in cases involved in private disputes which do not affect the society at large, this Court is of the opinion that this is a fit case, where inherent power under Section 482 of Cr.P.C/Section 528 of BNSS, should be exercised to secure the ends of justice. 13. Accordingly, the proceedings in G.R. Case No. 113/2022, arising out of FIR Kamba P.S. Case No. 14/2022, and the charge-sheet, vide C.S. No. 13/2024 dated 13.12.2024, registered under Sections 448/354B/506/34 of the IPC, pending before the Court of the learned Chief Judicial Magistrate, Aalo, West Siang District, against the accused, Shri Bomken Likar (petitioner No. 1) and Shri Mija Gamlin (petitioner No. 2), are hereby quashed in the interest of justice. 14. With the above, this petition stands disposed of. JUDGE Comparing Assistant