Page No.# 1/4 GAHC040010182026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./175/2026 Jum Jum Tali Son of Shri Tabor Tali, resident of Doordarshan Colony, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 2: Rahul Das Age: Occupation : Son of Mukuna Chandra Das permanent resident of House No.9 MT Road Narengi Tiniali Narengi Military Area Karup Metro Assam VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Charu Bosco, Likha Moriam,Yanum Singhi,Phunai Wangpan Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 21.07.2026 Heard Mr. Phunai Wangpan, learned counsel for the petitioners. Also heard Mr. Token Ete, learned Addl. Public Prosecutor, Arunachal Pradesh. 2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, has been jointly filed by the accused/ petitioner No. 1, and the complainant/petitioner No. 2, praying for quashing and setting aside of G.R. No. 875/2024 arising out of Itanagar P.S. Case No. 145/2024 registered u/s. 305(a) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of learned Page No.# 2/4 Chief Judicial Magistrate, Yupia. 3. The case of the petitioners is that based on a written First Information Report(FIR) lodged by the informant/petitioner No. 2 viz. Shri Rahul Das before the Officer-in-Charge, Itanagar Police Station, on 28.08.2024, against the petitioner 1, alleging, theft in a building used for custody of goods; the aforesaid police case has been registered. Upon completion of the investigation, the police submitted Charge Sheet No. 210/2024 dated 26.12.2024 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 at the stage of evidence before the Court of learned Chief Judicial Magistrate, Yupia. 4. It is submitted that during the pendency of the case, the parties have resolved their disputes amicably by executing a deed of settlement dated 25.03.2026, whereby, the informant/petitioner No. 2 has categorically stated that to ensure peace and cordial relationship between the parties, he has forgiven the accused/petitioner No. 1 on humanitarian ground. In the said deed of settlement, it has also been categorically stated that the informant/petitioner No. 2 do not wish to pursue the matter any further. 5. 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. 875/2024 arising out of Itanagar P.S. Case No. 145/2024 registered u/s. 305(a) of the Bharatiya Nyaya Sanhita, 2023; pending trial in the Court of learned Chief Page No.# 3/4 Judicial Magistrate, Yupia. 6. 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 informant/petitioner No. 2 has no further grievance against the accused/petitioner No. 1, and do not wish to pursue with the matter any further; he has no objection if the prayer of the petitioners is allowed. 7. I have heard the submissions advanced by the learned counsels for the parties and also perused the record. 8. The present case arises out of a written First Information Report (FIR) dated 28.08.2024, lodged by the petitioner No. 2, namely, Shri Rahul Das, before the Itanagar Police Station against the petitioner No. 1, alleging theft in a building used for custody of goods, pursuant to which, the instant Itanagar P. S. Case No. 145/2024 has been registered u/s. 305(a) of the Bharatiya Nyaya Sanhita (BNS), 2023. However, during the pendency of the trial, the parties have amicably settled the matter and executed a deed of amicable agreement dated 19.02.2026. In the said deed of settlement, it has been categorically stated that the dispute has been amicably settled by the parties and the informant/petitioner No. 2 do not wish to pursue the case against the petitioner No. 1, 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/petitioner No. 1 would be a futile exercise and would amount to an abuse of the process of law. Page No.# 4/4 9. 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. 10. 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. 11. Accordingly, the proceedings in G.R. No. 875/2024 arising out of Itanagar P.S. Case No. 145/2024 registered u/s. 305(a) of the Bharatiya Nyaya Sanhita, 2023; pending trial in the Court of learned Chief Judicial Magistrate, Yupia, against the petitioner No. 1, namely, Shri Jum Jum Tali, is hereby quashed. 12. 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