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2026 DAILYLAW 7936 (GAU)

Nabam Tabiam and Anr v. The State of AP

Crl.Petn./148/2026 · 2026-06-11

Susmita Phukan Khaund

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC040008602026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./148/2026 Nabam Tabiam and Anr Son of Late Nabam Kechek, resident of Village Pilla, PO Mengio, PS Sagalee, Papum Pare District, Arunachal Pradesh. 2: Nabam Takio Age: Occupation : Son of Late Nabam Tado resident of Village Pilla PO Mengio PS Sagalee Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Abhai Kumar Singh, Tsering Nyima,Nabam Kakum Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.06.2026 1. Heard learned counsel Mr. T. Nyima for the petitioners namely, (i) Nabam Tabiam, and (ii) Nabam Takio who have filed this application under Section 528 Page No.# 2/3 of the BNSS, 2023 with prayer for setting aside and quashing the proceedings of GR Case No. 84/2020 arising out of Sagalee P.S. Case No. 04/2020 under Sections 465/468 of the IPC. 2. Heard learned Public Prosecutor Mr. D. Loyi for the State of Arunachal Pradesh. 3. I have considered the submissions at the Bar with circumspection. 4. It is submitted that both the parties have buried their hatchet and they have amicably settled their dispute. An allegation of forgery was brought up by the petitioner No. 1 against the petitioner No. 2. It is submitted that the petitioner No. 2 had fraudulently forged fake provisional land possession certificate dated 08.08.2006 after forging the signature of the petitioner No. 1 and three others. The other allegation against the petitioner No. 2 is that he also fraudulently dealt with cases in the High Court. 5. Learned Public Prosecutor has raised objection against the petitioner's prayer for quashing the entire proceedings as the order of cognizance in connection with GR Case No. 84/2020 has not been appended along with the petition. 6. After considering the submission that both the parties have amicably settled their dispute and that the petitioner No. 1 has no grievance against the petitioner No. 2, it appears that possibility of conviction appears to be remote and bleak. 7. It is also considered that both the parties at the initial stage of the proceedings have amicably settled their dispute. 8. It is also submitted that these are basically matters of civil dispute given a criminal colour. Page No.# 3/3 9. The informant himself is not willing to proceed with the case and thus possibility of conviction appears to be remote and bleak. Further proceedings will indeed be an abuse of the process of the Court. 10. Thereby, it appears that this is a fit case to invoke the inherent jurisdiction under Section 528 of the BNSS, 2024. 11. Thereby, the proceedings of GR Case No. 84/2020 arising out of Sagalee P.S. Case No. 04/2020 are set aside and quashed. 12. In terms of the above observation this petition is disposed of. JUDGE Comparing Assistant