Page No.# 1/4 GAHC020001742026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./11/2026 SHRI N. ZANTHUNGO KITHAN S/O LATE NMERIO KITHAN, R/O D. KHEL, PANGTI VILLAGE, P.O./P.S. SUNGRO WOKHA, NAGALAND, WOKHA - 797111 VERSUS STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE PUBLIC PROSECUTOR, GAUHATI HIGH COURT KOHIMA BENCH, KOHIMA NAGALAND. 2:THE OFFICER-IN-CHARGE (OC) DIMAPUR EAST POLICE STATION DIMAPUR NAGALAND. 3:SHRI MHATHUNG NGULLIE (COMPLAINANT) S/O SHIR OREN NGULLIE R/O H/NO. 624 WARD NO. 5 LANE - 1A MOUNT VIEW COLONY PURANA BAZAAR DIMAPUR NAGALAND Advocate for the Petitioner : W R NGULLIE, MERIBEMO TUNGOE Advocate for the Respondent : , Page No.# 2/4 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 26.05.2026 The instant application under section 528 of the BNSS has been preferred by the petitioner who is the father of the accused praying for quashing of the FIR in Dimapur East Po- lice Station case No.26/2026 U/S 305(a)/331 BNS dated 06.02.2026 and the subsequent proceedings thereof. 2. Heard the learned counsel for the petitioner Mr. W.R. Ngullie. Also heard Mr. James Newmai, learned counsel for the respondent No.3/complainant and Ms. S. Mere, learned P.P for the State respondents. 3. The facts leading to the filing of the instant applica- tion is that on 06.02.2026 the complainant/respondent No.3 had filed an FIR stating that a burglary occurred at his father’s resi- dence at House No.624, ward no.5, Mount View colony Purana Bazaar and he discovered that a Godrej Steel Safe was broken into and the family saving of cash amounting to Rs.37,00,000/- (Rupees thirty seven lakhs) had been stolen. In this regard FIR was lodged and the case was registered at East Police Station as East PS C/No.0026/2026 U/S 305(a)/331 BNS and the case was endorsed for investigation. 4. On 21.02.2026, the accused person had voluntarily surrendered before the Officer-in-Charge, Dimapur East PS. Thereafter on 22.02.2026, the petitioner was forwarded to the court of Chief Judicial Magistrate, Dimapur and 7 days police re- mand was obtained. Page No.# 3/4 5. Subsequently, the parties executed a compromise deed dated 26.02.2026 wherein the complainant and the peti- tioner/father of the accused mutually agreed and settled the matter between them in the presence of the witnesses and the mutual settlement was willingly executed without any prejudice or coercion. 6. The learned counsel for the petitioner therefore prays that the FIR mentioned herein above in connection with Dimapur East Police Station case No.26/2026 U/S 305(a)/331 BNS dated 06.02.2026 may be quashed and set aside basing on the com- promise deed executed between the parties and the amicable settlement arrived at between them. 7. The learned counsel for the respondent No.3/com- plainant Mr. James Newmai has submitted on the basis of his af- fidavit which has been filed before this Court. The learned coun- sel submits that compromise settlement has been arrived at be- tween the parties on 26.02.2026 and therefore, the complainant/respondent No.3 has no interest in pursuing the matter any further before the Court. 8. The learned P.P. Ms. S. Mere is present and has no objection as parties have already entered into compromise. 9. This Court has considered the submissions of the parties and has perused the record specifically the compromise deed dated 26.02.2026 and the affidavit filed by the respondent No.3. 10. A perusal of the compromise deed dated 26.02.2026 indicates that the complainant/respondent No.3 and the peti- tioner herein/father of the accused have already settled the is- Page No.# 4/4 sues amicably among themselves and the compromise deed states that the accused has sincerely apologized to the com- plainant and expressed regret for his action. The compromise deed also states that the petitioner/father of the accused has al- ready re-paid the entire stolen amount in cash to the com- plainant. Considering this aspect, the parties are willing to for- give and forget the incident. It is also stated that the parties have compromised amongst themselves amicably and peacefully and thereby the complainant willingly withdraws the complaint case against the petitioner. 11. In view of the above facts and circumstances and in view of the fact that no useful purpose would be achieved in continuing with the criminal proceeding, the FIR dated 06.02.2026 in East Police Station case No.26/2026 U/S 305(a)/331 BNS is quashed and set aside along with all conse- quential proceedings. 12. Criminal petition is disposed of. Sd/- JUDGE Comparing Assistant