The court can quash non-compoundable offences under Section 482 of the CrPC if they are personal in nature and do not impact public peace, following established legal principles.

ORDER :

Budi Habung, J.

1. Heard Mr. Toshitemjen Pongener, learned counsel for the applicant/petitioner and Mr. K. Angami, learned Public Prosecutor (P.P.), Nagaland.

2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been jointly filed by three (3) applicants, namely; (1) Shri Suresh Rai, (2) Md. Ajay Ruddin and (3) Shri Akouvi Savi. The applicant No.1, Shri Suresh Rai and applicant No.2, Md. Ajay Ruddin are accused persons in Khuzama PS Case No. 04/2023,U/S 279/336/337 IPC read with sec.184 MV Act, and applicant No.3, Shri Akouvi Savi is informant of the above PS Case who represents the victim, Shri Nokedu Savi (minor).

3. By filing this application, the petitioners are praying for setting aside and quashing of GR Case No. 47/2023, registered under Section 279/336/337 IPC read with sec. 184 MV Act, arising out of Khuzama PS Case No. 04/2023 under Section 279/336/337 IPC read with sec. 184 MV Act pending before the learned Court of Judicial Magistrate First Class, Kohima, Nagaland, on the ground that the accused persons and the victim's family have amicably settled the matter by executing a deed of settlement on 02.04.2023 and subsequently by signing affidavit on 10.10.2023, and the accused side has paid a compensation to the victim who had accepted and acknowledged the receipt in presence of the competent witnesses and well-wishers for the betterment of future of the victim and the family of the accused persons.

4. The case of the petitioner in brief is that on 04.03.2023, a written FIR was lodged before the Officer-in-Charge, Khuzama Traffic Police, Kohima, Nagaland, by Shri Akouvi Savi (Petitioner No. 3) inter alia alleging therein that on 04.03.2023, at about 8:00 AM a Truck (number unknown) coming from Imphal hit his nephew, Shri Nokedu Savi and sped away. However, the passerby and the residents nearby saw the incident and reported to them, as a result, the suspected Truck was chased and intercepted at Kohima and brought to the Police custody. Accordingly a case was registered, being Khuzama PS Case No. 4/2023 under Section 279/336/337 IPC read with sec. 184 MV Act and arrested Shri Suresh Rai (Petitioner No. 1), Md. Ajay Ruddin (Petitioner No. 2) and one Shri Alip Khan (Passenger). The case was then investigated into and on completion of investigation, a case was laid into Charge-sheet against the petitioner Nos. 1 & 2 under Section 279/336/337 IPC read with sec. 184 MV Act. However, as nothing was found against co-accused Alip Khan, the IO prayed for his discharge from the liabilities. Accordingly, the learned JMFC took cognizance of the case; registered the case being GR No. 47/2023 under Section 279/336/337 IPC read with sec. 184 MV Act.

5. The further case of the petitioner is that in the meantime, during the pendency of the investigation while the accused persons were still under judicial custody, the matter was amicably settled between the victim's family and the owner of the offending vehicle, Md. Ammu and executed a Compromise Deed dated 02.04.2023 whereby, it was agreed that since the victim has received a compensation from the owner of the offending vehicle, the victim represented by the informant in return will withdraw the case from the police/Court.

6. And subsequently, after the release of the accused persons (i.e., petitioner Nos. 1 & 2) one more affidavit was executed by the victim, informant/petitioner No. 3 and all the accused/petitioner Nos. 1, 2 and Shri Alip Khan on 10.10.2023. The said affidavit dated 10.10.2023, reiterated the earlier Compromise Deed dated 03.04.2023, declaring that Compromise Deed has been entered between the parties for amicable settlement of the case pending before the learned Court of JMFC, Kohima, and a compensation has been paid to the victim family by the accused side and in return for which the informant has agreed to withdraw the case against the accused persons (Petitioner Nos. 1 & 2).

7. It is submitted that the above Compromise Deed dated 02.04.2