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Judgment
Heard learned counsel for the parties.
Rule. Rule is made returnable forthwith with the consent of the parties in the aforesaid petition and the said petition is taken up for final disposal.
By this petition, the petitioners i.e. petitioner Nos.1 to 4 (original accused) and petitioner No.5 (original complainant), seek quashing of the FIR registered with the Nongpoh Police Station, being FIR No.82(7) of 2025, on the premise that the petitioners have amicably settled their dispute and have entered into a Deed of Settlement, which is at page 50 at Annexure-VII of the petition.
Learned counsel for the petitioners submits that Section 118(2) of the BNS would not apply in the facts, even taking the prosecution as it stands, inasmuch as, no ‘grievous hurt’ as defined under Section 116 of the BNS was caused to the petitioner No.5. He submits that the medical certificate will reveal that the injuries sustained by the petitioner No.5 were simple in nature and that he was discharged on the very same day.
It is the petitioner No.5’s (original complainant) case that the incident took place on 30th July, 2025 at 7:30 pm. The petitioner No.5 (original complainant) has alleged that when he was working at the Umiam Distillation Pvt. Ltd., there was a verbal altercation between the petitioner No.1 (PCTP In-charge) and him, when the petitioner No.1 suddenly became aggressive and started assaulting him (petitioner No.5); that in order to protect himself, he left the plant area and retreated to his room, which was situated outside the premises. The petitioner No.5 (original complainant) has further alleged that in the process, he lost ₹10,000/- from his pocket. According to the petitioner No.5 (original complainant), later on the same day at around 8:15 pm, petitioner Nos.2 to 4 forcefully entered his room and attacked him with iron rods pursuant to which, he sustained injuries, including an injury on his head.
On the basis of the complaint lodged by petitioner No.5, an FIR was registered as against the petitioner Nos.1 to 4 for the alleged offences punishable under Sections 329(4), 118(2) and 351(2) of the BNS. After investigation, chargesheet was filed in the said case and the case is presently pending before the learned Chief Judicial Magistrate, Nongpoh, Ri-Bhoi District.
In the interregnum, i.e., post the filing of the chargesheet, the petitioners i.e., petitioner Nos.1 to 4 (original accused) and petitioner No.5 (original complainant) settled their dispute by entering into a Deed of Settlement. The said Deed of Settlement is at Annexure-VII at page 50 of the petition. From the said settlement, it appears that due to some misunderstanding between the parties, the dispute arose and considering their respective ages which would affect their respective careers, the parties have decided to put a quietus to the dispute. The said Deed of Settlement has been signed by all the petitioners.
The petitioner No.5 (original complainant) is present through VC. He has identified by Shri Jyotirmoy Barman, Investigating Officer from Nongpoh Police Station. When questioned, petitioner No.5 reiterates what has been stated by him in the Deed of Settlement, that he has no objection to the quashing of the FIR and consequently, the proceeding in view of the amicable settlement between the parties.
As far as Section 118(2) of the BNS is concerned, it is prima facie doubtful whether the said offence is disclosed, since no grievous injury has been caused to the petitioner No.5 as defined under Section 116 of the BNS.
As noted aforesaid, the injuries sustained by petitioner No.5 were simple in nature and he was discharged on the very same day of the incident.
In this view of the matter and having regard to the judgments of the Apex Court in this regard, there is no impediment in allowing the petition.
The petition is accordingly allowed and the FIR registered with the Nongpoh Police Station, being FIR No.82(7) of 2025 and consequently, the proceeding pending before the learned Chief Judicial Magistrate, Nongpoh, Ri-Bhoi District, being G.R. Case No.177 of 2025, stand quashed and set aside, subject to each of the petitioner Nos.1 to 4 paying ₹10,000/- directly into the account of petitioner No. 5 within one week from today.
Stand over to 7th October, 2026 to record compliance of the deposit of ₹10,000/- by each of the petitioner Nos.1 to 4 (total ₹40,000/-) directly into the account of the petitioner No.5.
The petition is allowed and Rule is made absolute on the aforesaid terms.
The petitioner No.5 to appear through VC on the next date so as to enable this Court to record his statement, whether the payment as directed has been paid to him.
All parties to act on the authenticated copy of this order.