Kedo Riba, Son of Late Goge Riba v. State of AP, represented by the PP of AP
2025-11-03
PRANJAL DAS
body2025
DigiLaw.ai
J UDGMENT : PRANJAL DAS, J. Heard Mr. T. Pumbo, learned counsel for the petitioners and Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. The five petitioners herein are invoking the jurisdiction under Section 528 of the BNS, 2023 seeking setting aside and quashing of the entire criminal proceedings of Basar P.S. Case No. 08/2015, under Sections 332/353/341 of the IPC - corresponding to G.R. Case No. 307/2015, which is stated to be pending before the learned Chief Judicial Magistrate, Aalo. It is stated that the matter is in the stage of examination under Section 313 of the Cr.P.C. 3. The background facts of the case are that - on 06.04.2015, in the night hours, a complaint was received from Kedo Riba, Head Constable of Basar Police Station that on 06.04.2015 at around 8:45pm, when he along with Constable L. Lohham and others, were performing patrolling duty at General Ground (Todak Memorial Stadium), three unknown persons physically assaulted Constable L. Lohham with blows of fist and kicks and ran away in their vehicle (Alto Car), bearing registration No. AR14-1361. It was also alleged that in the incident, the said Constable, sustained injuries. Investigation was conducted and resulted in a charge-sheet, followed by trial, which is stated to be at advanced stage, as mentioned above. 4. The accused persons who are facing the trial namely, Shri Martin Kamcham, Shri Mikre Taso and Shri Yumjum Nguba are the petitioner Nos. 3, 4 and 5 of the instant criminal petitions. The Head Constable Kedo Riba, who is the informant, has joined this application as petitioner No. 1 and alleged victim, Constable Lohngam Lohham, is the petitioner No. 2. 5. The case of the petitioners, at this stage, is that they have arrived at a settlement with regard to the said matter whereupon, they have also made a deed of settlement, dated 03.09.2024, a copy of which has been annexed in the petition. As per the settlement, the incident took place during Mopin Festival and there have some misunderstanding and there were also some consumption of local alcohol as per tradition. All the five petitioners, comprising of informant, victim and accused, have signed the said agreement and on the basis of the same, they are seeking quashing of the criminal proceedings. 6.
As per the settlement, the incident took place during Mopin Festival and there have some misunderstanding and there were also some consumption of local alcohol as per tradition. All the five petitioners, comprising of informant, victim and accused, have signed the said agreement and on the basis of the same, they are seeking quashing of the criminal proceedings. 6. The learned counsel for the petitioners referring to the judgment of the Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Others reported in (2019) 5 SCC 688 , submits that in the contest of the settlement and the nature of the offence, it would just and proper to quash the criminal procedure. He has drawn attention to Para 15.1 of Laxmi (Supra), which may be reproduced hereinbelow: “15.1. That the power conferred under Section 482 of the court to quash the criminal proceedings for the non-compoundable offences under Section 320 of the code can be exercise having overwhelmingly and pre- dominantly the civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family disputes and when the party has resolved the entire disputes amongst themselves.” 7. The learned counsel for the petitioner prays for allowing this petition, putting an end to the criminal proceeding, which is pending before the Trial Court. 8. Ms. L. Hage, learned Additional Public Prosecutor for the State fairly submits that since the dispute between the parties have been settled and as par the injury report, the injuries, at that time, are simple in nature. 9. The law regarding quashing of criminal proceeding on the ground of settlement between the parties, is well crystallized, through a catena of decisions of the Hon’ble Supreme Court. Some of the leading cases - being Gian Singh Vs State of Punjab and Another reported in (2012) 10 SCC 303 , Narinder Singh and Others Vs. State of Punjab and another reported in (2014) 6 SCC 466 and Laxmi Narayan (Supra) , which has been referred to by the counsel for the petitioner. 10. The gist of the principles which has emerges from these laws is that the power to quash the criminal proceedings is a jurisdiction, which goes beyond and exists in a separate domain, from the power of compounding.
10. The gist of the principles which has emerges from these laws is that the power to quash the criminal proceedings is a jurisdiction, which goes beyond and exists in a separate domain, from the power of compounding. Further, the cases which are not heinous in nature, not having significant societal implications, can be allowed to be quashed, pursuant to settlement between the parties - as allowing such a proceeding to continue, would be a futile exercise, in the already overloaded docket of criminal courts in the country. 11. Upon perusing the materials available, at this stage, this Court is satisfied regarding the settlement between the parties and also that exercising the power of quashing in the instant case, vis-à-vis, the criminal proceedings and injuries etc., if any - would not be detrimental to any societal interest. The backdrop and the situation in which the alleged incidents took place also is being kept in mind and it also cannot be overlooked - the long elapse of time since the alleged incident in 2015 itself. Though the trial is at advanced stage, but exercising this, in a way alternative jurisdiction, under section 528 of the BNS - the entire proceedings of Basar P.S. Case No. 08/2015 , under Sections 332/353/341 of the IPC - corresponding to G.R. Case No. 307/2015 - which is stated to be pending before the learned Chief Judicial Magistrate, Aalo is set aside and quashed 12. Accordingly, the instant criminal petition stands allowed and disposed of in terms of the above. 13. Return the Case Diary, if any.