Page No.# 1/5 GAHC040010412026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./181/2026 Rajiv Miri Son of Shri Sannyson Miri, permanent resident of Village Rampur, Kachajuli, PO and PS laluk, Lakhimpur District, Assam. 2: Hai Taw Age: Occupation : Son of Shri Hai Tasa permanent resident of Hai Machi Village PO and PS PepSorang Kra Daadi District Arunachal Pradesh. 3: Taru Hai Age: Occupation : Son of Late Tala Hai permanent resident of Hai Machi Village PO and PS Pepsorang Kra Daadi District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Marnya Ete, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 03.07.2026 Heard Ms. Gyamar Pina, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Addl. Public Prosecutor, Arunachal Pradesh. 2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Page No.# 2/5 Sanhita, 2023, has been jointly filed by the accused, victim and the informant in connection with Papu Hills P.S. Case No. 07/2022 praying for setting aside and quashing of G. R. No. 174/2022 arising out of Papu Hills P.S. Case No. 07/2022 registered under Sections 279/338 of the Indian Penal Code, pending trial in the Court of learned Judicial Magistrate, First Class, Yupia. 3. The petitioner No. 1, namely, Shri Rajiv Miri, is the accused; petitioner No. 2, namely, Shri Hari Taw, is the victim; and the petitioner No. 3, namely, Shri Taru Hai, is the informant in the aforesaid Papu Hills P.S. Case No. 07/2022. 4. The brief facts leading to filing of the present petition is that on 28.02.2022, a written First Information Report(FIR) was lodged by the petitioner No. 3 before the Officer-in-Charge of Papu Hills Police Station, alleging that his younger brother Shri Hai Taw(petitioner No. 2) was hit by Tata Mobile Vehicle No. AS-07C- 5507 at Nyorch, Yupia, while riding Scooty No. AR-02-2418 towards his residence in Doimukh causing knee and eye injuries. Accordingly, it led to registration of Papu Hills P.S Case No. 07/2022, u/ss. 279/338 of the Indian Penal Code. During the course of the investigation, the driver of the aforesaid Tata Mobile, Shri Rajiv Miri(petitioner No. 1) appeared at the Police station, was arrested and subsequently, released on bail. Upon completion of the investigation, the police submitted Charge Sheet No. 29/2023 dated 17.07.2023 against the petitioner No. 1 for commission of the alleged offence. The learned Magistrate, Yupia, took cognizance of the case and now, the same is pending trial in the Court of learned Judicial Magistrate First Class, Yupia. 5. It is submitted that during the pendency of the case, with the intervention of family members and elders of the society, the dispute between the parties has been amicably settled by the wife of the accused-petitioner No. 1 and the victim- petitioner No. 2, by executing a deed of amicable settlement dated 07.06.2022. It Page No.# 3/5 is categorically stated in the said deed of settlement that the petitioner No. 1 has borne the entire medical expenses for the treatment of the victim-petitioner No. 2 at GNRC, Dispur, Assam. It is also stated in the settlement agreement that the petitioner No. 1 paid Rs. 6,00,000/- only as a compensation to the victim- petitioner No. 2 for the injuries sustained by him. 6. The learned counsel for the petitioners submits that since the dispute has arisen out of a vehicular accident and the same has been amicably settled between the parties and also taking note of the fact that the victim-petitioner No. 2 has been adequately compensated by the accused-petitioner No. 1 by paying an amount of Rs. 6,00,000/-, under the circumstances, it is submitted that there is no scope of conviction in the present case even if it 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. 174/2022 arising out of Papu Hills P.S. Case No. 07/2022 registered under Sections 279/338 of the Indian Penal Code, pending trial in the Court of learned Judicial Magistrate, First Class, Yupia. 7. The learned Addl. Public Prosecutor, Arunachal Pradesh, fairly submits that in view of the amicable settlement arrived at between the parties as well as the fact that the the victim-petitioner No. 2, in the instant case, has been adequately compensated by the accused-petitioner No. 1 and also taking into account that the victim and the informant have no further grievance against the petitioner No. 1 and do not wish to pursue with the matter any further; she has no objection if the prayer of the petitioners is allowed. Page No.# 4/5 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 a vehicular accident which allegedly took place on 28.02.2022, when the Tata Mobile No. AS-07-C-5507, driven by the accused-petitioner No. 1 hit the victim-petitioner No. 2 who was riding a Scooty at Nyorch, Yupia. The petitioner No. 3 lodged a written First Information Report(FIR) on 28.02.2022, before the Officer-in-Charge, Papu Hills Police Station which led to registration of Papu Hills P.S. Case No. 07/2022 u/ss. 279/338 of the Indian Penal Code. However, during the pendency of the trial, the parties have amicably settled the matter by executing a deed of settlement dated 07.06.2022. In the said deed of settlement, it has been categorically stated that the settlement has been arrived at between the parties upon the payment of a monetary compensation amounting to Rs. 6,00,000/- to the victim-petitioner No. 2 by the accused-petitioner No. 1 and thus, the victim-petitioner No. 2 do not wish to pursue with 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 person(petitioner No. 1) 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 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. Page No.# 5/5 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 GG. R. No. 174/2022 arising out of Papu Hills P.S. Case No. 07/2022 registered under Sections 279/338 of the Indian Penal Code, pending trial in the Court of learned Judicial Magistrate, First Class, Yupia, against the petitioner No. 1 viz. Shri Rajiv Miri, is 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