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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Luis Kamka Nabam, Son of Shri Nama Nabam – Appellant
Versus
State Of Ap Represented By The Pp Of Ap – Respondent
| Table of Content |
|---|
| 1. summary of factual background and procedural history. (Para 2 , 3 , 4) |
| 2. parties' contentions regarding settlement and request for quashing. (Para 5 , 6 , 7) |
| 3. court's power to quash non-compoundable offences based on settlement. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. formal order quashing the criminal proceedings. (Para 14 , 15) |
ORDER :
ANJAN MONI KALITA, J.
Heard Mr. N. Yubbey, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Addl. Public Prosecutor for the State.
2. This is an application jointly filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, praying for setting aside and quashing of the FIR dated 04.08.2025, registered as Seijosa P.S. Case No. 07/2025 under Sections 117(2)/109(1)/351(2) of the BNS, 2023, and subsequent Charge-sheet No.09/2025 dated 04.11.2025, corresponding to GR Case No.49/2025, pending before the Court of the learned Chief Judicial Magistrate, Seppa, on the basis of the settlement arrived at between the parties.
3. An FIR dated 04.08.2025 was lodged by one Shri Lali Tachang (petitioner No.2) against the petitioner No.1 alleging, inter alia, that on 24.07.2025 at around 8:30 PM,
The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences when the dispute is private in nature, lacks heinous elements, and the parties have reached....
High Courts may exercise inherent powers to quash criminal proceedings in non-compoundable matrimonial disputes where parties have reached an amicable settlement, provided the offences are not heinou....
The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences when the dispute is private in nature, lacks serious societal impact, and the parties have ....
The High Court may exercise inherent jurisdiction to quash criminal proceedings involving non-compoundable offences if the underlying dispute is essentially civil and parties have reached an amicable....
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