ORDER

Date : 25-10-2022 Heard Mr. N. Longkumer, learned counsel for the petitioner, Mr. K. Angami, learned P.P. for the State respondent No.1 and Mr. M. Solo, learned counsel for the respondent No.2.

2. The petitioner has filed the present petition under section 482 Cr.P.C, 1973 to set aside and quash the FIR dated 21/02/2018 which is registered as Changtongya P.S Case No. 005/2018 corresponding to G.R No. 32/2018, the Charge Sheet No. 02/19 dated 06/02/2019 and the criminal proceeding pending in G.R No. 32/2018 before the learned Chief Judicial Magistrate, Mokokchung, Nagaland.

3. The petitioner is the alleged accused person against whom the criminal case has been registered. The respondent No.2 is the complainant and the sister of the victim in the case.

4. The case in brief is that on 21/02/2018, the respondent No.2 filed the FIR to the Officer-in-Charge, Changtongya Police Station stating that at about 9:00 A.M one Mr. Tuten of Merangkong village along with the supporters of Shri. Nuklutoshi, the NPF candidate had adducted her brother Mr. Alemyanger (victim). On receiving the information, the Police registered the Changtongya P.S Case No. 005/2018 under section 363/506/34 IPC. Subsequent to the filing of the FIR, Mr. Alemyanger, the victim was released on the same day with serious bodily injuries. The victim was first treated at Mokokchung but later shifted to Zion Hospital, Dimapur. In the course of the investigation of the case the involvement of the petitioner was revealed by the victim and the petitioner was arrested from Tuensang on 15/03/2018. The petitioner who is rd serving as the constable in the 3 NAP Battalion, Nagaland was at the time of the incident attached to Shri. Nuklutoshi, the NPF candidate. The prosecution sanction was accordingly sought for and accorded by the competent authority to prosecute the petitioner in the case. On completion of the investigation, the Police submitted the Charge Sheet dated 06/02/2019 against the accused under section 363/506/325/352 IPC. The case is pending trial before the Court of the learned Chief Judicial Magistrate, Mokokchung.

5. On 30.12.2020, the petitioner and Mr. Alemyanger, the victim under the initiative of the social organisation namely, the Chuchuyimlang Nungshikumnba Aso Kidong of Dimapur and Kohima Units executed the agreement for compromising the misunderstanding between them in the spirit of forgive and forget in honour of the 100 years centenary celebration of Chuchuyimlang Baptist Church. So also the petitioner, the respondent No.2 and the victim also executed the compromise dated

30/12/2020 for withdrawal of the criminal case pending against the petitioner.

6. Subsequent to the signing of the agreement, Mr. Alemyanger (the victim)

unfortunately expired in the month of February, 2021.

7. Mr. N. Longkumer, the learned counsel for the petitioner submits that the incident occurred at Chuchuyimlang village during the State Assembly Election, 2018 due to some animosity between the supporters of the opposing political parties and this also resulted in physical assault to the victim. The complaint was thereafter lodged by the respondent No.2, the sister of the victim. However, during the course of the trial, the parties under the initiative of the Chuchuyimlang Nungshikumba Aso Kidong of Dimapur and Kohima Units have amicably settled the matter by executing the agreement and the compromise both dated 30/12/2020. The learned counsel for the petitioner accordingly submits that even if the trial is allowed to proceed against the petitioner the chances of the trial ending in conviction of the petitioner is remote in view of the compromise entered between the parties. The learned counsel accordingly submits that the Hon’ble Court may be gracious to accept the compromise executed between the parties and to quash the criminal proceeding pending against the petitioner.

8. In support of his submission, the learned counsel for the petitioner has relied in the case of Shiji Alias Pap