IMPORTANT POINT
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. Tabit Tapak, learned counsel for the petitioner. Also heard Mr. Token Ete, learned Addl. P.P., Arunachal Pradesh, appearing on behalf of respondent No. 1; and Mr. Chorpok Modi, learned counsel, appearing on behalf of respondent No. 2.

2. The petitioner, herein, in the present proceeding has instituted the criminal petition, praying for quashing of the First Information Report(FIR), dated 21.05.1991, lodged by the respondent No. 2, leading to registration of Naharlagun P.S. Case No. 40/1999, under Section 332/427 of the Indian Penal Code along with the charge sheet being charge sheet No. 39/1999, dated 01.08.1999, laid by the I.O. initially before the Court of learned District Magistrate, Papum Pare District, and presently pending in the Court of the learned Judicial Magistrate First Class, Capital Complex, Yupia, in G.R. Case No. 45/1999.

3. The respondent No. 2, herein, had lodged an First Information Report(FIR) before the Officer-in-Charge of Naharlagun Police Station, inter alia, alleging therein, that while he was posted as a Doctor at Naharlagun General Hospital on 21.05.1999, he was called to attend to a patient who was stated to be in a serious condition. On reaching the Hospital and while proceeding to attend to the patient; he found another Doctor attending the patient. However, the mother of the patient was crying and the father of the patient i.e. the petitioner, herein, was consoling her. It is further alleged before the respondent No. 2 could examine the patient; the petitioner started to assault him by kicks and blows and called him names. Basing on the said First Information Report(FIR), Naharlagun Police Station Case No. 40/1999, came to be registered. On completion of the investigation, the police submitted the charge sheet in the matter vide charge sheet No. 38/1999, dated 01.08.1999, before the Court of learned District Magistrate, Papum Pare District. The said matter is presently pending trial before the Court of the learned Judicial Magistrate First Class, Yupia, in G.R. Case NO. 45/1999.

4. Mr. Tapak, learned counsel for the petitioner, as well as Mr. Modi, learned counsel for respondent No. 2, have submitted that the petitioner, herein, and the respondent No. 2, herein, have, in the meanwhile, resolved their disputes and such resolution of disputes was reduced, in writing, in the form of a deed of settlement-cum-compromise, dated 10.05.2022.

5. The charge under Sections 332 and 427 of the Indian Penal Code, being non-compoundable; the present petition has been instituted by the petitioner in terms of the deed of settlement-cum-compromise arrived at between him and the respondent No. 2, praying for quashing of the criminal proceeding presently pending against the petitioner, herein.

6. It is submitted by Mr. Modi, learned counsel appearing on behalf of respondent No. 2; that the respondent No. 2 would have no objection in this Court quashing the criminal proceedings instituted against the petitioner, herein, in terms of the prayers made in the present proceeding.

7. Mr. Ete, learned Addl. P.P., Arunachal Pradesh, has not objected to the prayer made on behalf of the petitioner but has submitted that the case on investigation, having ended in a charge-sheet; it is required that the trial in the matter, be taken to its logical conclusion.

8. I have considered the submissions advanced by the learned counsels appearing for the parties and also duly perused the materials made available on record.

9. At the outset, it is to be noted that the provisions of Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is pari materia to the provisions of Section 482 of the Code of Criminal Procedure, 1973. The issue arising in the present proceeding is as to whether this Court has the power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, to quash the criminal proceeding involving non compoundable offences in view of the compromise arrived at b