Authority: Gauhati High Court, Itanagar Bench
Order Date: 28.08.2026
Case Overview
- Petition No. Crl.Petn./235/2026 filed jointly by informant Chukhu Tulu (Petitioner 1) and accused Nabam Naga, Nabam Tadik, Biki Hakap, Tarh Tango (Petitioners 2‑5) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, seeking quashing of G.R. Case No. 625/2025.
- The underlying criminal matter arose from FIR lodged on 05.09.2019 by Chukhu Tulu alleging theft of a CPU, printer and fingerprint device from his State Bank of India Customer Service Point (CSP) at Nirjuli, NH‑415.
- Police registered Nirjuli P.S. Case No. 72/2019 under IPC Sections 392, 451 and 34; accused were arrested, later released on bail.
- Investigating Officer filed Charge‑sheet No. 12/2022 on 19.05.2022; Judicial Magistrate First Class, Capital Complex, Yupia framed charge under Section 392 IPC; trial pending for examination of prosecution witnesses.
- Parties executed a Mutual Settlement on 11.05.2026, stating that both operated separate SBI CSPs about 100 m apart, the incident resulted from misunderstanding, no intent to rob, and the informant withdrew all grievances and will cooperate for quash.
- Additional Public Prosecutor Ms. T. Jini accepted the settlement, noting the allegations were not serious and the informant had no further grievance.
Final Outcome
- Justice Budi Habung, after hearing counsel Regum Nabam (R. Taipodia) for petitioners and Ms. Jini for the State, held that the settlement removes any likelihood of conviction and continuation would constitute harassment and abuse of process.
- Citing Supreme Court precedent (Madhya Pradesh vs Laxmi Narayan & Ors., (2019) 5 SCC 688), the Court exercised inherent powers under Section 498 Cr.P.C. (corresponding to Section 528 BNSS) to compound the offences.
- The petition is allowed; proceedings in G.R. Case No. 625/2025, arising from Nirjuli P.S. Case No. 72/2019, are quashed.
- The criminal petition stands disposed.
Topics: Court Order, Criminal Settlement, Banking Dispute