Page No.# 1/5 GAHC040001402026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./22/2026 Tomo Basar and Anr. Aged about 56 years, S/o Late Marto Basar, R/o Village Nyigam, PO/PS Basar PS Basar, District West Siang, AP 2: Moli Basar Age: Occupation : aged about 36 years S/o Shri Tomo Basar R/o village Nyigam PO/PS Basar District West Siang AP VERSUS THE STATE OF AP represented by the PP of AP Advocate for the Petitioner : Dilip Saikia, K Perme,Toko Rini,Taku Pumbo Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 02.02.2026 Heard Mr. Dilip Saikia, learned counsel, appearing on behalf of the petitioners. Also heard Mr. Token Ete, learned Addl. P.P., Arunachal Pradesh. 2. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, has been jointly filed by the informant, namely, Shri Tomo Basar/petitioner No. 1, and accused, namely, Shri Moli Basar/ petitioner No. 2, Page No.# 2/5 praying for quashing and setting aside of G.R. (Leparada) No. 34/2024, arising out of Basar P.S. Case No. 30/2024, registered under Sections 329/324(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, pending for trial in the Court of learned Chief Judicial Magistrate, Aalo. 3. The brief facts of the case is that based on the First Information Report(FIR) dated 27.11.2024, lodged by the petitioner No. 1 before the Officer-in-Charge, Basar Police Station, alleging, inter alia, that on 24.11.2024, the petitioner No. 2 had demolished his Fair Price Shop(FPS) building located at Basar Old Market, by deploying heavy excavator machine and labourers without his knowledge; Basar P.S. Case No. 30/2024 under Sections 329/324(5) of the Bharatiya Nyaya Sanhita, 2023, was registered. 4. Upon completion of the investigation, the police submitted the Charge-sheet No. 39/2024, dated 30.12.2024, against the accused/ petitioner No. 2 before the Court of learned Chief Judicial Magistrate, Aalo. Vide order, dated 14.05.2025, the learned Chief Judicial Magistrate, Aalo, has taken cognizance of the offence under Sections 329/324(5) of the Bharatiya Nyaya Sanhita, 2023. 5. By way of filing this joint application; the petitioners have sought for quashing and setting aside of the proceedings in connection with G.R.(Leparada) No. 34/2024 arising out of Basar P.S. Case No. 30/2024, u/ss. 329/324(5) of the Bharatiya Nyaya Sanhita(BNS), 2023, and the cognizance order dated 20.01.2025; pending before the Court of the learned Chief Judicial Magistrate, West Siang District, Aalo. 6. Mr. Saikia, learned counsel for the petitioners, submits that the petitioner No. 1 and petitioner No. 2 are the biological father and son, respectively. The learned counsel further submits that the son/petitioner No. 2, on being asked by his father/petitioner No. 1 to construct a building on a disputed plot of land in which there was already an existing building in a dilapidated condition. The construction, however, led to some misunderstanding between them, as a result of which, the father/ petitioner No. 1 lodged the First Information Report(FIR), in Page No.# 3/5 question, against the son/petitioner No. 2. 7. The learned counsel submits that during the pendency of the proceedings, on the intervention of their family members, both the petitioners have amicably resolved their disputes by executing a deed of mutual settlement on 12.12.2025, wherein, it has been stated that in order to maintain their family relationship; the petitioner No. 1 is not desirous to pursue the proceedings of the matter in connection with aforementioned Basar P.S. Case No. 30/2024 u/ss. 329/324(5) of the Bharatiya Nyaya Sanhita, 2023. 8. The learned counsel further submits that as the matter has already been amicably resolved between the parties in the presence of their relatives; there is no chance of conviction of the accused petitioner No. 2 in the trial. The learned counsel for the petitioners, has, therefore, prayed for quashing and setting aside of the proceedings in connection with G.R.(Leparada) No. 34/2024 arising out of Basar P.S. Case No. 30/2024, u/ss. 329/324(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 9. Mr. Ete, learned Addl. P.P., Arunachal Pradesh, has fairly submitted that in view of the amicable settlement arrived at between the petitioners, who are the father and son, respectively; he has no objection if the proceedings in the present case before the Court of learned Chief Judicial Magistrate, West Siang District, Aalo, is set aside, as, in any case, under such circumstances, there is hardly any chance of conviction. 10. I have heard the learned counsels for both sides and also perused the available record. 11. It is evident that the dispute, in question, is between the father and son and the parties have amicably settled the matter through a compromise deed. As per the deed of mutual settlement dated 12.12.2025 executed by both the parties; the complainant/petitioner No. 1 has categorically stated to withdraw the Basar P.S. Case No. 30/2024 u/s. 329/324(5) of BNS, 2023, pending before the Court of learned Chief Judicial Magistrate, Aalo. Page No.# 4/5 12. Since the matter arises out of a private dispute between the father and son, respectively, and does not have any significant impact on society at large, continuing with the criminal trial before the Court of the learned Chief Judicial Magistrate, Aalo, would amount to an exercise in futility and an abuse of the process of law. 13. It is pertinent to note that the Hon’ble Supreme Court, in a catena of decisions, has held that the cases which does not affect the harmonious existence of the society at large, the High Court, in exercise of its inherent power under Section 482 of the Code of Criminal Procedure, 1973 [corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023], can quash the criminal proceedings if the matter has been amicably settled between the parties and such quashing would serve the ends of justice. 14. In this regard, the notable judgments of the Hon’ble Supreme Court include: (i). Gian Singh v. State of Punjab & anr., reported in (2012) 10 SCC 303, wherein the Court held that the High Court can quash criminal proceedings in cases that are overwhelmingly, or, predominantly civil in nature, particularly, a minor family dispute, when the parties have resolved their dispute amicably. (ii). Narinder Singh & ors. v. State of Punjab & anr., reported in (2014) 6 SCC 466, wherein it was held that in cases essentially of a private nature, where the possibility of conviction is remote, proceedings may be quashed to promote harmony. 15. In view of the facts and circumstances of the case, the law laid down by the Hon’ble Supreme Court, and the settlement arrived at between the parties; this Court is satisfied that allowing the proceedings to continue would serve no fruitful purpose and would amount to an abuse of the process of law. 16. Accordingly, the criminal proceedings in G.R.(Leparada) No. 34/2024 arising out of Basar P.S. Case No. 30/2024, u/ss. 329/324(5) of the Bharatiya Nyaya Sanhita(BNS), 2023, pending for trial in the Court of learned Chief Judicial Page No.# 5/5 Magistrate, West Siang District, Aalo, against Shri Moli Basar; is hereby quashed. 17. In terms of the above, the instant joint petition filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, stands allowed and disposed of. JUDGE Comparing Assistant