Page No.# 1/4 GAHC040007082026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./120/2026 Likha Tolum and 2 Ors Son of Shri Likha Tabia, a permanent resident of Ambam Village, PO and PS Yachuli, Keyi Panyor District, Arunachal Pradesh. 2: Bath Killi Age: Occupation : Son of Late Bath Hile a permanent resident of Tago Village PO and PS Yachuli Keyi Panyor District Arunachal Pradesh. 3: Bath Taha Age: Occupation : Son of Shri Bath Killi a permanent resident of Tago Village PO and PS Yachuli Keyi Panyor District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Taba Topu, Tem Pahi,Likha Kagung,Tokdak Tamin Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 04-06-2026 Heard Mr. H. Ete, learned counsel for the petitioners and Mr. T. Ete, learned Public Prosecutor, for the State respondent. 2. This is an application filed under Section 528 BNSS, 2023 praying for setting aside and quashing of the Charge Sheet No. 03/2025 of Yazali Police Station out of First Information Report(FIR) No. 06/2025 under Sections 126(2)/127(2)/127(7)/351(3)/3(5) of Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 which has been registered as G.R. No. 79/2025, presently, pending before the Court of learned Chief Judicial Magistrate, Ziro. 3. This criminal petition jointly filed by the petitioner No.1/informant and the accused/petitioners Nos. 2 and 3. 4. It is submitted by Mr. Ete, learned counsel that after lodging of the First Information Report(FIR) there was an amicable settlement between the parties and in pursuant to that settlement agreement the petitioner No. 2 is to pay Rs.4,00,000/- to the first party towards the expenses legal fees, litigation expenditures and other expenses apart from other conditions. 5. Further in pursuant to the deed of settlement, the money has already been paid and to that effect one money receipt has also been annexed along with the additional affidavit filed by the petitioners from which it is seen that the money has already been received by the other side and to that extent, they have also put their signatures. 6. Mr. Ete, further submitted that the incident had happened due to some Page No.# 3/4 misunderstanding, but at present there is no such grievances against the petitioner No.1 and they have amicably settled the matter and residing peacefully. 7. He further submitted that only non compoundable Section under which the case has been charge sheeted is Section 127(7) and other sections are compoundable in nature. However, at present after execution of the deed of settlement they have settled all the disputes between them and hence, the petitioner Nos. 2 and 3 does not want to proceed with the case further and accordingly submitted that it is a fit case wherein the entire First Information Report(FIR) and the Charge Sheet including the criminal proceeding can be set aside and quashed by invoking the power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 8. Mr. T. Ete, learned PP submitted that as parties have already settled the matter and out of their settlement, the money has already been paid, the State respondent has no objection, if the First Information Report(FIR), Charge Sheet as well as the criminal proceeding is set aside and quashed by invoking the power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 9. Considering the submission made by the learned counsel for the parties, the entire situation and circumstances of the case and also considering the fact that the money has already been paid in pursuant to the settlement agreement between the parties, this Court is of the opinion that it is a fit case wherein, the First Information Report(FIR), Charge Sheet as well as the entire criminal proceeding can be quashed and set aside invoking the power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 10. Further, as the case has already been settled between the parties, the Page No.# 4/4 probability of conviction of the accused is also bleak and remote as there is less probability of adducing evidence against the accused petitioner No.1 by the petitioner Nos. 2 and 3. 11. In view of above and also considering the view of Hon’ble Apex Court in the case of State of Haryana Vs. Bhajan Lal reported in 1992 Supple. 1 SCC 335 and also considering the compromise between the parties, vis-à-vis the nature of offence this Court is of the opinion that the Charge Sheet No. 03/2025 of Yazali Police Station out of First Information Report(FIR) No. 06/2025 under Sections 126(2)/127(2)/127(7)/351(3)/3(5) of Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 which has been registered as G.R. No. 79/2025, presently, pending before the Court of learned Chief Judicial Magistrate, Ziro can be set aside and quashed. 12. Accordingly, the Charge Sheet No. 03/2025 of Yazali Police Station out of First Information Report(FIR) No. 06/2025 under Sections 126(2)/127(2)/127(7)/351(3)/3(5) of Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 which has been registered as G.R. No. 79/2025, presently, pending before the Court of learned Chief Judicial Magistrate, Ziro is hereby quashed and set aside. 13. This criminal petition accordingly stands disposed of. JUDGE Comparing Assistant