Gauhati High Court - Kohima
Shri Melie Nakhro And 2 Ors vs State Of Nagaland And Anr on 18 November, 2025
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GAHC020004802025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : Crl. Pet./26/2025
SHRI MELIE NAKHRO AND 2 ORS
S/O LT. LHUYAGWI, RESIDING AT JOTSOMA, KOHIMA NAGALAND. POLICE
STATION-SECHU (Z-)797120, KOHIMA NAGALAND 2: SHRI VILABIZO NAGI
S/O AVI NAGI
RESIDING AT JOTSOMA
KOHIMA
POLICE STATION- SECHU (Z) PIN-797120
KOHIMA NAGALAND
3: SHRI VOTSO PESEYIE
S/O SHRI PFULETO PESEYIE
RESIDING AT JOTSOMA
KOHIMA NAGALAND. POLICE STATION-SECHU (Z-)797120
KOHIMA NAGALAN
VERSUS
STATE OF NAGALAND AND ANR
NAGALAND KOHIMA 2:SHRI MHIESILHOUKHO YALIE
PRESIDENT NDPP 8- WESTERN ANGAMI
RESIDING AT KHONOMA VILLAGE
KOHIMA
NAGALAND-PIN-79700
Advocate for the Petitioner : TONGPANG JAMIR, JENDEMO TSANGLAO
Advocate for the Respondent : P.P, NAGALAND,
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BEFORE
HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 18-11-2025 Heard the learned counsel for the petitioner Mr. Tongpang Jamir. Also heard Mr. Shan Ezung, learned counsel for the respondent No.2 as well as Ms. Livika, learned P.P. Nagaland.
2. The present application under section 482 of the Cr.PC read with section 528 of the BNSS has been filed for quashing of the proceeding arising out of Kohima Sechu(Z) Police Station Case No.0008/2023 under sections 323,352,447,448,451 and 34 of IPC corresponding to G.R Case No.48/2023.
3. The case of the petitioners is that an FIR was lodged on 05.03.2023 by the complainant stating that the petitioners had forcibly entered a PHED quarter at Science College, Jotsoma and assaulted certain individuals while making allegations concerning their involvement in proxy voting during the recently concluded 14 th Nagaland Legislative Assembly elections. Upon registration of the FIR, the petitioners appeared before the Investigating Officer and their statements were recorded under section 161 Cr.PC. Subsequently, the petitioners were granted bail by the learned Chief Judicial Magistrate Kohima on 16.03.2023. The petitioners submits that the alleged incident arose from political tensions following the elections and the petitioners had no intention to commit any offence and they have been falsely implicated in the matter due to politically sensitive circumstances. However, during the investigation, the petitioners as well as the complainant/respondent No.2 expressed Page No.# 3/4 their mutual desire to put the incident behind them and live peacefully without pursuing the matter any further. Therefore, the petitioners had also filed an application being I.A No.50/2025 before the learned Chief Judicial Magistrate seeking compounding of the offence. However, the said application remains pending without adjudication. Being aggrieved, the petitioners are before this Court praying for a direction to quash the entire proceeding including all consequential actions arising out of Kohima Sechu(Z) Police Station Case No.0008/2023 under sections 323,352,447,448,451 and 34 of IPC corresponding to G.R Case No.48/2023 pending before the learned Chief Judicial Magistrate Kohima.
4. The petitioners have also filed an additional affidavit bringing to the notice of this Court an acceptance of apology by the house owner of the PHED quarter who was the direct victim of the offence. The letter dated 09.03.2023 written by one John Yimchunger who is the house owner states that apology of the petitioners was accepted. It was also stated in the apology letter that no such incident should be repeated again within their family and also to give assurance that the petitioners will take completer responsibility if such incident ever happened again. The petitioners also submit that an agreement was entered between the petitioners and the complainant/respondent No.2 dated 19.05.2025. A copy of the agreement shows that the parties have settled their differences outside the Court and they are living peacefully and the complainant wishes to withdraw the FIR and further states that the assent and authorization of the victims to compromise the matter in the Court is given as they now no longer hold any grudges and have already settled the matter outside the Court and that the victims are now at Page No.# 4/4 harmony and thereby completely supports and agrees to the compromise and have no objection to withdrawing the charges against the accused persons.
4. The learned P.P. as well the counsel for the learned counsel for the complainant/respondent No.2 submitted that the matter can be closed in view of the agreement dated 19.5.2025.
5. This Court had considered the submissions of the learned counsel for the petitioners as well as the agreement entered into between the petitioners and the respondent No.2/complainant. In view of the agreement between the parties and in view of the fact that the matter has been settled amicably outside the Court and all the victims of the incident have expressed their desire not to pursue the matter any further, this Court finds that the continuance of the proceeding in the G.R Case No.48/2023 pending before the Court of the learned Chief Judicial Magistrate Kohima would be a futile exercise as it would not lead to any conviction.
6. In view of the observation made herein above, the petition is allowed.
7. The proceeding of G.R Case No.48/2023 along with the FIR dated 05.03.2023 as well as the Kohima Sechu(Z) Police Station Case No.0008/2023 are quashed and set aside.
Sd/-
JUDGE Comparing Assistant