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2025 Supreme(Gau) 1642
IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA, J.
Kipa Kaha and Anr Son of Kipa Hanu - Appellant
Vs.
The State of AP represented by the PP of AP - Respondent
Crl.Petn. No. 180 Of 2025
Decided On : 29-08-2025
Advocate Appeared:
For the Appellant : Morrik Bagra, Subu Koyang,T Gameh,Tadar Rar
For the Respondent: P P of AP
Mutual settlement cannot quash criminal charges related to non-compoundable offenses under the Indian Penal Code.
Headnote:(A) Indian Penal Code, 1860 - Sections 420, 468, 471, 34 - Criminal proceedings initiated against accused for using fake Taekwondo certificates for government job applications under meritorious sports quota. Mutual settlement between parties does not warrant quashing of charges as offenses are non-compoundable under Section 320 of Cr.P.C. (Paras 6, 10)
(B) Settlement & Compoundability - The compounding of non-compoundable offenses cannot be allowed; prior judgment cited involved different facts. Court found no merit in the petition for interference. (Paras 7, 8)
Facts of the case:
Petitioner alleged misuse of fake Taekwondo certificates to secure a government job. FIR lodged on 25.06.2021 led to a charge-sheet filed against 19 accused on 17.03.2022, including the second petitioner, who confessed to using fraudulent documents.
Findings of Court:
The court found no grounds for quashing the criminal case set up against the accused based on the mutual settlement, as the offenses were defined in non-compoundable terms.
Issues: The primary issue was whether the mutual settlement could permit quashing of charges in light of the non-compoundability of offenses.
Ratio Decidendi: The court emphasized that the offenses for which charges were framed are non-compoundable under law, distinguishing the current case from the precedent cited, reinforcing that fraudulent conduct in securing employment warrants a thorough investigation.
Result: Criminal petition dismissed.
| Table of Content |
|---|
| 1. misuse of fake taekwondo certificates. (Para 3 , 4) |
| 2. mutual settlement sought by petitioners. (Para 5 , 6) |
| 3. case law distinctions considered. (Para 7 , 8) |
| 4. court's discretion on interference. (Para 9 , 10) |
| 5. dismissal of the criminal petition. (Para 11) |
JUDGMENT & ORDER :
ANJAN MONI KALITA, J.
Heard Mr. M. Bagra, learned counsel for the petitioners. Also heard Mr. D. Loyi, learned Public Prosecutor for the State of Arunachal Pradesh.
2. As agreed to by the learned counsel for the parties, the matter has been taken up for disposal at the motion stage itself.
3. The facts of the case are that on 25.06.2021, an FIR was lodged by one Shri Kipa Kaha (petitioner No.1 herein), President of Arunachal Taekwondo Association (ATA), alleging that some persons had misused fake Taekwondo certificates to avail government jobs under meritorious sports quota of the Government of India. It was alleged that the Government of India had notified 63 (sixty three) sports disciplines vide Reference No.F.No.14034/1/2013-ESTT dated 01.09.2020, before the Officer-in-Charge, Special Investigation Team (SIT), PHQ, Itanagar, Arunachal Pradesh.
4. After receipt of the said FIR, a case has been registered and the investigation was conducted, and thereafter, a charge-sheet was filed under Sections 201 /420/468/471 of the IPC on 17.03.2022, before the learned Chief Judicial Magistrate, Yupia, against 19(nineteen) alleged accused persons including the accused petitioner No.2. As per the aforesaid charge-sheet, the accused petitioner No.2 applied for the post of TGT (History) under meritorious sports quota on the strength of several certificates, as detailed in the charge- sheet, obtained from the General Secretary of the Arunachal Taekwondo Association for participation in the said event. Based on the qualification so submitted by the petitioner No.2, she was selected for the post of TGT (History). However, after receipt of a letter from Shri Tadar Appa, Director,Sports, Govt. of Arunachal Pradesh and Shri Likha Robin, General Secretary of Arunachal Taekwondo Association, it was found that the certificate th of Gold medal in 8 National Senior Poomsae Men & Women Taekwondo Championship (2016-17), Vishakhapatnam, Andhra Pradesh and the certificate th of Silver medal in 9 National Senior Poomsae Taekwondo Championship 2017, Haridwar, Uttarakhand of the accused petitioner were not genuine. It was further alleged that in absence of any genuine certificates, the accused petitioner No.2 could not have obtained Form No.-II certificate for the same event, which revealed that her Form No.-II certificate was also fake. In fact, the accused petitioner No.2 confessed before the police to having used fake documents along with fake Form No.-II knowingly. It was further alleged that she stated before the police that she had obtained the fake certificates from the accused Shri Tara Tagin. In view of the aforesaid charge-sheet, the Investigating Officer being prima facie satisfied, filed the charge-sheet under Sections 420 /468/471/34 IPC, against the accused petitioner. It is submitted by the learned counsel for the petitioners that accordingly, a case has been registered before the learned Judicial Magistrate First Class, Yupia, District Papum Pare, Arunachal Pradesh and the matter is awaiting consideration of charges.
5. The learned counsel for the petitioners submits that the accused petitioner No.2 and the informant, Shri Kipa Kaha (petitioner No.1), President of Arunachal Taekwondo Association, have come to an agreement and accordingly, they have executed a Deed of Mutual Settlement Agreement dated 03.08.2025. He submits that the parties have agreed to compromise and settle the proceedings of the criminal case, i.e., CBPS Case No.07/2021, corresponding to GR. No.576/2021, pending before the Court of learned JMFC, Yupia. In view of the aforesaid mutual agreement, the learned counsel submits and prays before this Court that this Court in exercise of its power
