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 an amicable settlement, ensuring the prevention of abuse of the legal process and serving the ends of justice.

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 alleged accused (petitioner No.1) came to Mobuso-li village, which is the plot of land of the informant (petitioner No. 2) situated near his residence at Seijosa, District Pakke Kessang. It is alleged that the petitioner No. 1 came to pick up shuttering planks as instructed by his elder brother, whereupon a dispute arose between the informant and the accused regarding the said shuttering planks. It is further alleged that without any provocation, the accused/petitioner No.1 assaulted the informant/petitioner No.2 by punching and striking him with a wooden stick, and also kicked him on the chest. It is alleged that the accused/petitioner No.1 threatened to kill the informant/petitioner No.2 and destroy his Bolero vehicle bearing Registration No. AR01K3068. It is further alleged that the accused/petitioner No.1 attempted to assault the informant/petitioner No.2 with a large wooden plank, and the informant/petitioner No.2 could save himself only due to the intervention of an unknown person. Later, the informant/petitioner No.2 was taken to the hospital for treatment. It is stated that the informant/petitioner No.2 is a 60% orthopaedically disabled person.

4. On receipt of the aforesaid FIR, the police registered Seijosa P.S. Case No. 07/2025 under Sections 117(2)/109(1)/351(2) of the BNS, 2023. Thereafter, the matter was investigated into and upon completion of investigation, the charge- sheet was filed, vide Charge-sheet No.09/2025 dated 04.11.2025, which is pending before the Court of the learned Chief Judicial Magistrate, Seppa.

5. Mr. Yubbey, learned counsel for the petitioners, submits that the criminal proceeding arose out of a dispute which occurred on 24.07.2025, when a disagreement took place between the petitioners regarding the removal of wooden planks. It is submitted that during the course of the dispute, the petitioner No.1 assaulted the petitioner No.2, as a result of which the FIR was lodged and the case was registered. Learned counsel further submits that subsequently, the matter was amicably settled between the parties through a community meeting (Mel) held on 25.09.2025 at Seijosa, attended by about 129 members, including relatives, Gaon Burahs and local leaders. It is submitted that the parties have executed a Deed of Mutual Settlement Agreement on the same day before the Executive Magistrate, Seijosa, which is annexed as Annexure-B to the petition, wherein the parties have voluntarily and out of their own free will have decided to amicably settle their differences. It is further submitted that both parties have undertaken not to pursue the proceedings against each other in respect of the aforesaid FIR and have agreed to maintain peace and harmony without interfering in each other’s personal, family or business affairs in future.

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