Page No.# 1/5 GAHC040007302026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./126/2026 Bero Flago and 2 Ors Father of Miss Yania @ Ania Flago, presently residing at Nyigam Colony, Naharlagun, Papum Pare District, Arunachal Pradesh and permanent resident of Village Flago, Pipu, PO and PS Seppa, East Kameng District, Arunachal Pradesh. 2: Miss memi Doka Age: Occupation : Daughter of Dolak Doka permanent resident of Village Doka (Pipu) PO and PS Seppa East Kameng District Arunachal Pradesh. 3: Miss Mekoni Doka Age: Occupation : Daughter of Dolok Doka resident of village Doka(Pipu) PO and PS Seppa East Kameng District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Begi Taba, L Koyu,Punung Borang,Nang walika Jenow Advocate for the Respondent : P P of AP, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 27.05.2026 Heard Mr. B. Taba, learned counsel for the petitioners. Also heard Mr. D. Loyi, learned Public Prosecutor for the State respondent. 2. This petition under Section 528 of the BNSS, 2023 has been jointly filed by the informant, victim and the accused, praying for quashing and setting aside the proceedings of Nirjuli P.S. Case No. 46/2025 registered under Sections 118(1)/304(2) of BNS, pending before the Principal Magistrate, Juvenile Justice Board, Yupia, Papum Pare District, Arunachal Pradesh. 3. The accused, being a Child in Conflict with Law (CCWL), is represented by her father, Shri Bero Flago, as petitioner No. 1; petitioner No. 2, Ms. Memi Doka, is the informant; and petitioner No. 3 is the victim in the aforesaid Nirjuli P.S. Case No. 46/2025 registered under Sections 118(1)/304(2) of BNS. 4. The case of the petitioners is that, based on the written FIR lodged before the Officer-in-Charge, Nirjuli Police Station, by the informant (petitioner No. 2) on 13.05.2025 against the CCWL for assault, attempt to murder, and theft, the aforesaid Nirjuli P.S. Case No. 46/2025 was registered. 5. Upon completion of the investigation, the police submitted the investigation report before the Principal Magistrate, Juvenile Justice Board, Capital Complex, Yupia, as the accused involved in the case is a CCWL. 6. By an order dated 22.01.2026, the Principal Magistrate, JJB, Capital Complex, Yupia, took cognizance of the case against the CCWL under Section 118(1) of the BNS, and the case is now pending trial before the Principal Magistrate, JJB, Capital Complex, Yupia. Page No.# 3/5 7. It is submitted that, during the pendency of the trial before the Principal Magistrate, JJB, the case was amicably resolved amongst the parties, and they executed a deed of mutual settlement dated 20.05.2026. In the said deed of mutual settlement, the informant and the victim categorically stated that the incident occurred due to a misunderstanding, resulting in the filing of the charge-sheet against the CCWL, and that the misunderstanding has been clarified and the matter amicably resolved in order to maintain cordial relations amongst the parties. 8. Mr. Taba, the learned counsel for the petitioners further submits that the injury alleged to have been caused was simple in nature and, since the parties have amicably settled the matter, the informant and the victim have expressed that they have no further grievance against the CCWL and they do not wish to pursue the case any further; there is no possibility of conviction of the CCWL. Under the circumstances, the continuation of the proceedings before the JJB against the CCWL would cause harassment to the parties and amount to an abuse of the process of law. Therefore, he prays for quashing of the proceedings before the JJB, Yupia. 9. Mr. Loyi, learned Public Prosecutor, fairly submitted that, in view of the amicable settlement amongst the parties, and considering that the incident allegedly occurred due to some misunderstanding between them, and that petitioner Nos. 2 & 3 has no further grievance and does not wish to pursue the matter any further, he has no objection if the prayer of the petitioners is allowed. 10. I have heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor and perused the record. Page No.# 4/5 11. Upon hearing the parties and perusal of the record, it appears that the accused involved in the case is a CCWL, and as per the record, the injury caused to the victim is simple in nature. Further, the parties have amicably settled the matter by executing the deed of settlement dated 20.05.2026. 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. 12. 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. 13. 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 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. 14. 14. Accordingly, the proceedings in P.S. Case No. 46/2025, and the charge- sheet, vide C.S. No. 58/2025 dated 19.12.2025, registered under Sections Page No.# 5/5 118(1)/304(2) of BNS, pending before the Principal Magistrate, JJB, Capital Complex, Yupia, against the CCWL, Miss Yania @ Ania Flago, is hereby quashed in the interest of justice. 15. With the above, this petition stands disposed of. JUDGE Comparing Assistant