Marpe Bojir and Anr v. The State of Ap

ORDER Date : 02.05.2024 Heard Mr. D. Boje, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of respondent. Page No.# 2/3

¶2This is a joint application filed by the compliant/victim and the accused under Section 482 of Cr.P.C for quashing and setting aside the FIR dated

04.01.2020 vide Likabali P.S. Case No. 01/2024 registered under Section 279/337/338 IPC on the ground that there has been a mutual settlement/compromise between the parties and in view of the amicable settlement arrived between the parties, the parties do not want to pursue the matter further.

¶3Heard the parties.

¶4It appears that the mutual settlement agreement between the parties has been enclosed to the joint application filed by the petitioners as annexure-C accompanied by the affidavit sworn by both the complainant/victim/petitioner No.1 and the accused/petitioner No. 2.

¶5A perusal of the aforesaid mutual settlement indicates that a Kaba proceeding has been held to mediate the differences arose between the parties and pursuant to such proceeding, settlement has been arrived between the parties. It appears that both the parties have agreed and accepted the decision of the Keba members and pursuant to such compromise the joint application has been filed, which both the parties have sworn the accompanied affidavit.

¶6In view of the aforesaid settlement arrived between the parties, for the Page No.# 3/3 ends of justice, this Court deems appropriate to set aside and quash the FIR dated 04.01.2024 vide Likabali P.S. Case No. 01/2024 registered under Section 279/337/338 IPC.

¶7Ordered accordingly.

The Criminal Petition stands disposed of in terms of the above observation. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040005692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./52/2024 Marpe Bojir and Anr Son of Late Komar Bojir, permanent resident of Modi Rijo Village, Near Linga Laya Mandhir, PO and PS Itanagar, Papumpare District, Arunachal Pradesh 2: Talin Gamnu Age: Occupation VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Domo Boje Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE KAUSHIK GOSWAMI