Page No.# 1/5 GAHC040009842026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./169/2026 Pima Gyadi and 2 Ors Son of Shri Tai Gyadi, permanent resident of Tajung Warrang Village, PO and PS Chayang Tajo, East Kameng District, Arunachal Pradesh. 2: Tagyung Gyadi Age: Occupation : Son of Shri Tapok Gyadi permanent resident of Tajung Warrang Village PO and SP Chayang Tajo East Kameng District Arunachal PRadesh. 3: Pranob Gohain Age: Occupation : Son of Shri Dolon Gohain presently residing at Nirjuli Village-I PO and PS nirjuli Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Likha Kagung, Tem Pahi,Tokdak Tamin Advocate for the Respondent : P P of AP, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 03.07.2026 Heard Mr. Likha Kagung, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Addl. Public Prosecutor, Arunachal Pradesh, appearing on behalf of the sole respondent. 2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, has been jointly filed by the accused persons and the victim/informant, praying for quashing and setting aside of the proceedings of G.R. No. 863/2021 arising out of Nirjuli P.S. Case No. 61/2021 registered u/ss. 447/295/504/325/427/34 of the Indian Penal Code; pending trial before the Court of learned Judicial Magistrate First Class, Yupia. 3. The petitioner Nos. 1 & 2 are the accused persons and the petitioner No. 3 is the informant/victim in the aforesaid Nirjuli P.S. Case No. 61/2021. Besides the petitioner No. 3, there are 4(four) other persons who were also the victims in the said police case and they are subsequently impleaded as petitioner Nos. 4, 5, 6 & 7. 4. The brief facts of the case is that on 17.09.2021, the petitioner No. 3 lodged a written First Information Report(FIR) before the Officer-in-Charge, Nirjuli Police Station, against the petitioner Nos. 1 & 2, alleging therein, that they have mercilessly beaten him and 4(four) other persons inside the Viswakarma Puja Pandal at Nirjuli while the Pandal was already closed. Further, the petitioner Nos. 1 & 2 have completely damaged the car as well as the scooty of the petitioner No. 3 by pelting stones on it. Based on the aforesaid First Information Report(FIR), Page No.# 3/5 Nirjuli P.S. Case No. 61/2021 was registered. Upon completion of the investigation, the police submitted Charge Sheet No. 02/2022 dated 14.03.2022 against the petitioner Nos. 1 & 2 for commission of the alleged offence. The learned Magistrate, Yupia, took cognizance of the case and now, the same is pending for consideration of charge before the Court of learned Judicial Magistrate First Class, Yupia. 5. It is submitted that during the pendency of the case, the parties have resolved their disputes amicably by executing a deed of mutual Settlement dated 20.06.2026, whereby, all the victims in the said Nirjuli P.S. Case No. 61/2021 have categorically stated that they have pardoned the accused persons i.e. petitioner Nos. 1 & 2 for their mistakes committed against them with a view to maintain peace and harmony between the parties and mutually declared that they have no further grievance against the accused persons and they do not wish to pursue the matter any further. 6. The learned counsel for the petitioners submits that under the circumstances, there is no scope of conviction in the present case even if the trial is allowed to proceed with, rather, it would be a futile exercise causing an unnecessary harassment to all the parties which would amount to an abuse of process. Thus, by way of filing the present criminal petition before this Court, the petitioners have jointly prayed for quashing and setting aside of the proceedings of G.R. No. 863/2021 arising out of Nirjuli P.S. Case No. 61/2021 registered u/ss. 447/295/ 504/325/427/34 of the Indian Penal Code, pending trial in the Court of the learned Judicial Magistrate First Class, Yupia. 7. The learned Public Prosecutor, Arunachal Pradesh, fairly submits that in view of the amicable settlement arrived at between the parties as well as the fact that Page No.# 4/5 the informant/victims have no further grievance against the accused petitioner Nos. 1 & 2, and that, they do not wish to pursue with the matter any further; she has no objection if the prayer of the petitioners is allowed. 8. I have heard the submissions advanced by the learned counsels for the parties and also perused the record. 9. The present case arose out of an incident which purportedly took place in the night of 17.09.2021 at around 02:30am, when the petitioners No. 1 & 2 have alleged to have beaten the victims including the petitioner No. 3 inside the Viswakarma Puja Pandal at Nirjuli while the Pandal was already closed and also damaged his car and the scooty by pelting stones on it which led to the lodging of a First Information Report (FIR) on 17.09.2021 itself before the Officer-in-Charge of Nirjuli Police Station by the informant(petitioner No. 3). However, during the pendency of the trial, the parties have amicably settled the matter and executed a deed of mutual settlement agreement dated 20.06.2026. In the said deed of settlement, it has been stated that the dispute has been amicably settled by the parties and all the victims including the petitioner No. 3 do not wish to pursue the case any further. The dispute appears to be personal in nature and does not affect the society at large. Given the facts and circumstances of the case, there appears to have been only a remote possibility of conviction. In view of the above, continuation of the criminal proceedings against the accused persons(petitioner Nos. 1 & 2) would be a futile exercise and would amount to an abuse of the process of law. 10. The Hon’ble Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan & ors., reported in (2019) 5 SCC 688 held that the High Court in exercise of inherent power conferred under Section 482 of the Code of Criminal Page No.# 5/5 Procedure, 1973, can quash the criminal proceedings even for non-compoundable offences which are private in nature and do no have serious impact on society on the ground that there is a settlement/compromise between the victim and the offender. 11. In the light of the principle laid down by the Hon’ble Supreme Court in the case of Gian Singh v. State of Punjab & anr., reported in (2012) 10 SCC 303; Narinder Singh & ors. v. State of Punjab & anr., reported in (2014) 6 SCC 466, as well as in the case of Laxmi Narayan (supra), wherein the Court has permitted quashing of the 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 the Code of Criminal Procedure, 1973/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be exercised to secure the ends of justice. 12. Accordingly, the proceedings in G.R. No. 863/2021 arising out of Nirjuli P.S. Case No. 61/2021 registered u/ss. 447/295/504/325/427/34 of the Indian Penal Code; pending trial in the Court of learned Judicial Magistrate First Class, Yupia, against the petitioner Nos. 1 & 2, namely, Shri Pima Gyadi, and Shri Tagyung Gyadi, respectively, are hereby quashed. 13. In terms of the above, the instant joint petition filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, stands allowed and disposed of. JUDGE Comparing Assistant