Shri Homugha and Anr v. The State of Nagaland and 2 Ors

ORDER

05.11.2024

Heard Ms. P. Mhonbeni Ezung, learned counsel for the accused/petitioners. Also heard Mr. Medo Vero, learned counsel for the respondent Nos. 2 and 3/informants and Mr. K. Angami, learned Public Prosecutor for the State.

¶2By this application under Section 482 CrPC, the accused/petitioners is seeking quashing of the criminal proceedings lodged against the accused persons in G.R.127/2023 corresponding to Ghathashi Police Station Case No. 03/2023 registered under Sections 107/110/320/325/329/341/34 of Indian Penal Code.

¶3Ms. P. Mhonbeni Ezung, learned counsel for the accused/petitioners submits that the current application for quashing of the said proceedings has been filed in view of the compromise arrived between the parties which is recorded in the Agreement dated 10.01.2024 enclosed as Annexure-B-1 to the Criminal Revision petition.

¶4Mr. Medo Vero, learned counsel for the informants concedes to the aforesaid compromise arrived between the informant and the accused petitioners and further submits that in pursuant to the aforesaid compromise, the informants have already written a letter to the jurisdictional Investigating Officer for withdrawing the FIR lodged against the accused/petitioners.

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¶5I have heard the submissions made at the bar and perused the material available on record.

¶6Apt to refer to Compromise Agreement dated 10.01.2024 which is reproduced hereunder for ready reference:- "Office of the HOSHEPU VILLAGE COUNCIL AGHUNATO: NAGALAND

Motto: "To Receive Forefathers' Blessings"

Date 10.01.2024

The issue that arose between Hoshepu village and Mudutsugho is hereby compromised on 10.01.24 in the name of God with reference from the Bible passage Col 3:13

Members present during the meeting:

¶1The village elders and church staff of Hoshepu village.

¶2The village elders and church staff of Mudutsugho village

¶3Aghunato Area Union Zunheboto.

Hoshepu Village Mudutsugho village

(Illegible) (Illegible)

¶1VCC: Ino Kiyeshe Zhimo 1.VCC:Ino Danie Wotsa

(Illegible) (Illegible)

¶2Secy: Ino Shetovi Ayemi 2. Secy Ino Tonivi Tuccu"

¶7It appears that the informants and the accused petitioners in the presence of the Village Elders have compromised the matter and in pursuance of such compliance, the informants by letter dated

12.01.2024 has requested the Officer-in-Charge, Ghathashi Police Station, Zunheboto, Nagaland to withdraw the FIR which has been lodged against the accused/petitioners.

¶8Relevant portion of the aforesaid letter is also reproduced for Page No.# 4/5 ready reference:- "To,

The Officer In-Charge Bghatashi Police Station Zunheboto, Nagaland

Sub:- "Withdrawal of F.I.R lodged on 21st Dec.2023 for (Mudutsugho) incident."

Sir,

As cited above on the subject we the undersigned complainants (Victims) of the Mudutsugho incident would like to state that, the 'Hoshpeu Village Council', 'Mudutsugho Village council' along with the GBs and village elders of the both the village in presence of the Victims and Culprits had a reconciliation meeting on 10th of January 2024 at Council Hall Hoshpeu Village and have reconciled unconditionally in the name of our God.

We therefore, hereby withdraw the F.I.R.

We thank you and your team for your service.

Enclosed-Signed Reconciliation Paper.

Yours sincerely,

¶1Okito Chishi Complainant

¶2Noto T. Kiho Complainant"

¶9In view of the endorsement made by the learned counsels for the parties and the compromise arrived between them, this Court is of the considered view that further continuance of the criminal proceedings against the accused petitioners shall not be justified.

¶10Accordingly, the FIR dated 21.12.2023 in GR No.127/2023 corresponding to Ghathashi PS Case No. 03/2023 registered under Sections 107/110/320/325/329/341/34 of Indian Penal Code stands set aside and quashed.

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Disposed of.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/5 GAHC020000582024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Crl. Pet./5/2024 SHRI HOMUGHA AND ANR S/O YETOHO VILLAGE- KILOMI VILLAGE P.S. GHATHASHI ZUNHEBOTO NAGALAND 2: SHRI. INAHOTO S/O YEHOTO VILAGE- KILOMI P.S. GHATHASHI ZUNHEBOTO NAGALAN VERSUS THE STATE OF NAGALAND AND 2 ORS NAGALAND KOHIMA 2:MR OKITO CHISHI (COMPLAINANT NO.1) S/O GHOKHETO CHISHI P/ADDRESS- MEDICAL COLONY AGHUNATO ZUNHEBOTO 3:MR. NOTO T. KIHO (COMPLAINANT NO. 2) R/ ADDRESS- MEDICAL COLONY AGHUNATO ZUNHEBOT Advocate for the Petitioner : JOSHUA SHEQI, NAGALI SHOHE,CHINGMEI KONYAK,MIKA H AYE,KEDI KOSO,K LILY SWU,P MHONBENI EZUNG,KEVI KIRE,YEKA SUMI,KIVITOLI SWU,ATOKA Advocate for the Respondent : P.P, NAGALAND, B E F O R E HON'BLE MR. JUSTICE KAUSHIK GOSWAMI Page No.# 2/5