THE GAUHATI HIGH COURT v. The State of AP

BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG Date : 21-02-2025 ORDER Heard Mr. A. Saring, learned counsel appearing for the petitioners. Also heard Ms. T. Jini, learned Additional Pubic Prosecutor for the State of Arunachal Pradesh.

2. This is an application jointly filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for compounding the non- compoundable offence Charge-sheeted against the accused petitioner No. 2, namely, Shri Jaimashi Sangha; petitioner No. 3, namely, Shri Asadul Islam and petitioner No. 4, namely, Shri Tako Nuya for quashing of the G. R. Case No. 933/2023 arising out of Banderdewa P. S. Case No. 48/2023, under Section 380 of IPC, pending before the Court of the learned Judicial Magistrate First Class (JMFC), Yupia.

3. The petitioner No. 1, namely, Shri Phassang Kamak is the informant and the petitioner No. 2, namely, Shri Jaimashi Sangha; petitioner No. 3, namely, Shri Asadul Islam and petitioner No. 4, namely, Shri Tako Nuya are the accused in the above mentioned G. R. Case No. 933/2023.

4. The brief fact of the case is that on 13.11.2023, the petitioner No. 1 filed a written F.I.R. before the Officer-in-Charge of Police Station Banderdewa, inter alia Page No.# 3/6 alleging, therein, that on the night of 05.11.2023, some unknown miscreants entered into his M/s 2 S Enterprise, located at Dobam village and stolen away fabrication items like angle cutter, wielding machine and hand grinder, amounting to Rs. 35,000/- approx. Based on the written F.I.R., the Police has registered the above Banderdewa P. S. Case No. 48/2023, under Sections 380 of IPC. After completion of the investigation, the Investigating Officer (I.O) of the case has laid Charge-sheet into the case against the accused petitioner Nos. 2, 3 & 4 for commission of offence under Section 380/34 IPC.

5. The learned counsel for the petitioners submits that immediately after the incident, the Police has launched investigation and arrested the accused petitioner Nos. 2, 3 & 4 and also recovered the stolen articles from the possession of the accused persons and given the same back to the informant/the petitioner No. 1 on Zimma. On such receipt of the materials back, the informant has forgiven the accused petitioner Nos. 2, 3 & 4 as the materials involved are not very important costly one.

6. The learned counsel for the petitioners further submits that, however, since such development was not intimated to the I.O. of the case, the I.O. after completion of the investigation has submitted the case into Charge-sheet before the Court. However, during pendency of the trial of the case, the parties have further amicably settled the matter and reduced the same into writing by a Settlement Agreement, dated

22.06.2024, whereby, it has been specifically mentioned that the informant has recovered the stolen items from the accused persons, and the accused persons has also adequately compensated the informant for their mistakes and promised not to commit similar mistake in near future. On such undertaking by the accused petitioner Nos. 2, 3 & 4, the informant, petitioner No. 1 has forgiven the accused persons and expressed that since, he doesn’t have any further grievances against them and therefore, the does not want to pursue with the case any further. Page No.# 4/6

7. However, since the offence Charge-sheeted against the accused persons is non- compoundable offence and it is beyond the power of the Trial Court to compound the case, the petitioners have filed this criminal petition praying for quashing of the said Charge-sheet and proceeding of G. R. Case No. 933/2023 pending before the Court of the Judicial Magistrate First Class (JMFC), Yupia.

8. The learned counsel for the petitioners further submits that the case involves with allegation of stealing of certain articles by the petitioner Nos. 2, 3 & 4 from the petitioner No. 1 due to some misunderstanding between the parties; however, as the alleged stolen articles have already been recovered and handed over back to the informant, petitioner No. 1 by the accused petitioner Nos. 2 3 & 4, the above dispute is between the individual owner and the persons alleged to have taken way the said articles and it does not affect the society at large. Moreover, the petitioner No. 1, informant, having received back his lost articles, does not have any further grievances against the petitioner Nos. 2, 3 & 4 and he does not want to pursue with the matter any further. Under the circumstances, the proceeding of the case against the accused petitioner Nos. 2, 3 & 4 before the Court of the JMFC, Yupia, would cause unnecessary harassment to the parties; hence, prays for setting aside of the said proceedings.

9. Ms. J. Jini, learned Additional Public Prosecutor while referring to the Trial Court Record (TCR), has fairly submitted that the record also reveals that the informant, petitioner No. 1 and the accused petitioner Nos. 2, 3 & 4, have already settled the matter amicably and the same has been informed to the I.O. of the case as well as the learned Trial Court, which could be seen from the record of the case. In its order dated 05.06.2024, the learned JMFC, recorded that the informant present and submits that he does not wish to pursue the matter further. Under the circumstance, the learned Additional Public Prosecutor submits that the trial proceeding before the Court would be a futile exercise, as there is hardly any chance of conviction. Therefore, she has no objection if the prayer made by the petitioners is considered and allowed.

10. I have heard and considered the submissions of the learned counsels for the parties. I have also perused the records produced before this Court. Page No.# 5/6

11. Upon hearing the parties and on perusal of the records, it appears that due to some misunderstanding before the informant and the accused persons, the accused petitioner Nos. 2, 3 & 4 has lifted some articles from the informant due to which the informant, petitioner No. 1 had lodged written F.I.R. against the accused persons for stealing some articles from his shop. However, the record reveals that immediately after receipt of the written F.I.R., the alleged stolen articles were immediately recovered and handed over back to the informant, the petitioner No. 1 on the same date and on receipt of his articles back, has already forgiven the accused petitioner Nos. 2, 3 & 4 for their mistake.

12. Further the above dispute appears to be in between the individuals and does not affect the society at large and since, the parties have amicably settled the matter, and the informant having no further grievance against the accused persons, does not want to pursue the matter any further against the accused persons. Under the circumstances, it appears that the continuation of the case before the Trial Court would only cause hardship to all the parties and waste the precious judicial time, and thus, it would only result in futile exercise. In view of the above, I find sufficient force and logic in the submission of the learned counsel for the petitioners, which has the support of the learned Additional Public Prosecutor.

13. Further, in such circumstances, it is now well settled that even if the offence alleged against the accused are non-compoundable offence, the High Court or the Apex Court in exercise of their inherent power may intercept the pending criminal proceeding. In this regard, there are catenas of cases decided by the Hon’ble Supreme Court and various High Courts, however, this Court may gainfully place reliance on the principle of law enunciated by the Hon’ble Apex Court in the case of Ramgopal vs. State of Madhya Pradesh, reported in 2021 SCC online 384. Page No.# 6/6

14. In light of the above decision and considering that the case has been amicably settled between the parties; this Court is of the opinion that the pending criminal proceedings in G. R. Case No. 933/2023 needs to be quashed.

15. Accordingly, the G. R. Case No. 933/2023 arising out of Banderdewa P. S. Case No. 48/2023, under Sections 380 of IPC, against the accused Shri Jaimashi Sangha; Shri Asadul Islam and Shri Tako Nuya, pending before the Court of the learned Judicial Magistrate First Class, Yupia, is hereby, set aside and quashed.

16. With the above observation, this criminal petition is allowed and disposed of.

17. Return the Trial Court Record (TCR). JUDGE Comparing Assistant