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GAHC040010592023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : Crl.Petn./145/2023
Biki Napang @ Tapang and 4 Ors.
S/o Biki Tudu, Permanent Resident of Chambang Village, P.O Chambang, PS Palin
District Kra Daadi, Arunachal Pradesh, Presently residing at Papu Nallah PO
Naharlagun, P.S Papu Nallah, District Papum Pare Arunachal Pradesh. Mobile No.
9436665513 2: Miching Bai
Age:
Occupation :
3: Miching Laya
Age:
Occupation :
4: Miching Cheyum
Age:
Occupation :
5: Miching Kakum @ Jacop
Age:
Occupation
VERSUS
THE STATE OF AP
through the public prosecutor, Arunachal Pradesh.
Advocate for the Petitioner : Taja Garam
Advocate for the Respondent : P P of AP
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BEFORE
HON’BLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
30.04.2024
Heard Mr. Taja Garam, learned counsel for the petitioner. Also heard Mr. J.
Tsering, learned Public Prosecutor for the State respondent.
2. This is a joint application under Section 482 CrPC, 1973 for quashing and
setting aside the Naharlagun PS Case No. 249/2015 registered under Section
147/149/452/427 of the IPC which are presently pending before the Court of
the Chief Judicial Magistrate, Capital Complex, Yupia on the ground that the
parties have entered into a settlement of their dispute.
3. Heard the parties.
4. It appears that the complainant and the accused persons are relative to
each other and had jointly filed this criminal petition wherein the affidavit has
been signed by the complainant himself praying that the FIR filed by the
complainant being Naharlagun PS Case No. 249/2015 vide GR Case No.
787/2015 pending before the Court of Chief Judicial Magistrate, Capital
Complex, Yupia be set aside and quashed.
5. By filing an additional affidavit, the Deed of Settlement dated 12.08.2023
entered between the complainant and the accused/petitioner is also enclosed
and placed before this Court.
6. A perusal of the aforesaid settlement agreement indicates that the parties
have settled their differences vide the aforesaid Settlement Deed.
7. It further appears that the parties are now living peacefully with one
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another.
8. In view of the above settlement arrived between the parties, this Court for
the ends of justice, is of the considered view that the aforesaid criminal
proceedings be set aside and quashed.
9. Accordingly, the Criminal Proceedings being Naharlagun PS Case No.
249/2015 vide GR Case No. 787/2015 alongwith the FIR is set aside and
quashed.
Disposed of.
JUDGE
Comparing Assistant