Page No.# 1/5 GAHC020002982026 2026:GAU-NL:371 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./17/2026 SHRI ZURHESIE NYUWI S/O SHRI SIWATHO NYUWE, PERMANENT RESIDENT OF MELURI, PO/PS MELURI, M, NAGALAND VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE PUBLIC PROSECUTOR, NAGALAND 2:SHRI SHILU LONGKUMER S/O SHRI LIMATONGZUK COMPLAINANT R/O FOREST COLONY KOHIMA NAGALAND. 3:SHRI MANGSHIYANGBA HUSBAND OF LATE LOLENDANGLA R/O FOREST COLONY HOUSE NO. 38. KOHIMA NAGALAN Advocate for the Petitioner : LAKNYEI PHOM, KIM PIENYU,MOATEMSU,WONCHANO HUMTSOE,ASENLA LONGKUMER Advocate for the Respondent : P.P, NAGALAND, Page No.# 2/5 BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 23/06/2026 Heard learned counsel, Mr. Laknyei Phom for the Petitioner. Also heard, Ms. Keti Imchen, learned counsel for the Respondent Nos. 2 & 3 and Mr. E. Thiba Phom, learned counsel for the State Respondents. 2. The instant application under Section 528 of the BNSS has been preferred with a prayer for quashing the FIR and the consequent proceedings in GR. No. 29/2020, arising out of South P.S, Case No. 001/2020 under Section 279/304A IPC R/W Section 184/185 of the MV Act 1988 on the ground that the parties have entered into a compromise settlement. 3. The facts leading to the filing of the instant case is that the present Petitioner was employed as a water tanker driver (Truck Driver), and on 20.03.2020 when he was heading towards his client’s house at Forest Colony, he noticed a lady and a child coming down from towards the right side of the road at the place of occurrence and his accompanying friend was checking the space on the left side of the road as another vehicle was parked. The Petitioner after crossing a few meters away from the place of occurrence heard someone shouting from the back and stopped the vehicle and told them that their vehicle had ran over a lady, after which, he stopped the vehicle and along with his friend upon checking found a lady lying on the road. The Petitioner states that during this process, he and his friend were over powered by the colony of the youths and the Page No.# 3/5 public and handed over to the police. In this connection an FIR dated 20.03.2020 was registered as the South P.S., Case No. 001/2020 under Section 279/304A IPC R/W Section 184/185 of the MV Act 1988. 4. Thereafter, during the course of investigation, the Petitioner made a request to the complainant for a compromise so that the Petitioner may return to his normal life as it was not a willful nor negligent accident and it was purely accidental in nature. Accordingly, a term of settlement was executed between the husband of the deceased lady, the vehicle owner and the Petitioner on 17.10.2020 which was also signed by the chairman of the Agri Forest Colony ward-17, and basing on the terms of the settlement a Deed of Compromise was also executed between the petitioner and the complainant dated 01.03.2022. 5. Learned counsel submits that the chargesheet has also been filed in the instant case. However, in view of the compromise and settlement which has been arrived between the complainant and the petitioner, it is prayed that this Court may exercise its jurisdiction under Section 528 of the BNSS and quash the impugned FIR dated 20.03.2020, the chargesheet dated 18.05.2020 and the consequent criminal proceedings pending before learned Chief Judicial Magistrate, Kohima. 6. Learned counsel, Ms. Keti Imchen appearing on behalf of the Respondent Nos. 2 & 3 and the learned Public Prosecutor, Mr. E. Thiba Phom have not raised any objections considering the fact that the parties have already entered into a settlement and no useful purpose would be achieved by keeping the criminal case pending. Page No.# 4/5 7. This Court has given its due consideration to the submissions made by the learned counsels and perused the pleadings specially the terms of settlement dated 17.10.2020 and the Deed of Compromise dated 01.03.2022. In the terms of settlement dated 17.10.2020, the Longkum Senso Telongem, Kohima, the husband of the Petitioner, the vehicle owner and the Petitioner/Driver have entered into the settlement which reflects that the husband of the late victim has in good faith agreed to close the case and to forgive and forget the matter relating to the tragic accident. 8. Further, in the Deed of Compromise dated 01.03.2022 executed in between the Accused/Petitioner and the complainant/Shilu Longkumer it is also categorically stated that the Compromise Deed has been executed between the parties with their mutual consent and free will without any pressure, force, coercion or undue influence from anyone. The Deed of Compromise also states that the victim’s family does not have any objection if the FIR No. 001/2020 and the resultant GR. Case No. 29/2020 may be closed as the matter is already settled outside the court and It is also stated that the victim’s family members desire to close all the pending judicial proceedings before any court. 9. This Court is of the view that in the instant case, the parties have already entered into a compromise outside the court and have willingly agreed not to pursue the instant case and have also decided not to pursue the criminal proceedings. It is also observed that the settlement is voluntary, bonafide and not procured by fraud or coercion. In view of such facts and circumstances, the continuation of the criminal case would be a futile exercise as it would not result in a conviction. Page No.# 5/5 10. Accordingly, the instant petition is allowed, and the impugned FIR No. 001/2020 and the impugned chargesheet No. 006/2020 dated 18.05.2020 in connection in the GR. Case No. 29/2020 under Section 279/304A IPC R/W Section 184/185 of the MV Act 1988 and all consequential proceedings pending before the Chief Judicial Magistrate, Kohima, is quashed and set aside. 11. Petition stands allowed. JUDGE Comparing Assistant