Crl.Petn./53/2026 of EMERALD N. MARAK AND ORS. Vs THE STATE OF MEGHALAYA AND ORS on 10 August 2026

1. Shri. Emerald N. Marak

2. Shri. Abol T. Sangma

3. Shri. Rozer Ch. Momin

4. Shri. Jerian Sangma

5. Smti. Devina Ch. Momin

6. Smti. Dulina A. Marak

7. Shri. Onontho Ch. Sangma

8. Shri. Galdinus D. Shira

9. Shri. Junior Ch. Sangma

10. Shri. Rengchim M. Sangma

11. Shri. Sushanto Sangma

12. Shri. Osantho Sangma

13. Smti. Selika A. Marak

14. Shri. Ablush Sangma

15. Smti. Nispola Sangma

16. Shri. Shilly Sangma

17. Smti. Benila A. Marak

18. Smti. Ruma A. Marak

19. Smti. Marsthina S. Sangma

20. Smti. Donima Nokrek Marak

21. Smti. Jelenna A. Marak

22. Shri. Photin Sangma

23. Smti. Tipola Sangma

...Petitioners Serial No. 13 Daily List

- versus -

1. The State of Meghalaya represented by the Superintendent of Police, South West Khasi Hills District, Mawkyrwat, Meghalaya.

2. The Officer-in-charge, Mawkyrwat Women Police Station, South West Khasi Hills District, Mawkyrwat, Meghalaya.

3. Shri. Salman G. Momin.

4. Smti. Garnista Ch Sangma ...Respondents

Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioners : Mr B. Deb, Adv.

For the Respondents : Mr K. Khan, AAG

Mr Philemon Nongbri,

Amicus Curiae [for R3&4]

i) Whether approved for Yes/No

reporting in Law journals etc.:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT: (Oral)

Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith with the consent of the parties and the aforesaid petition is taken up for final disposal.

3. By this petition preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS, 2023), the petitioners seek quashing of the FIR registered with the Mawkyrwat Women Police Stations, being Mawkyrwat Women P.S. Case No. 11 of 2025 with the consent of the respondent Nos. 3 and 4 (original complainants). The sections alleged against the petitioners by the respondent Nos. 3 and 4 are under Sections 333/115(2)/75(2)/351(3)/3(5) of the BNSS. It appears that the petitioners and the respondent Nos. 3 and 4 are the residents of the same village i.e., Koltapara village, South West Khasi Hills District, Meghalaya and belong to the same community and have been residing as neighbours for a long time.

4. It appears that the incident took placed on 19.10.2025 and in the incident, the respondent Nos. 3 and 4 were physically assaulted as a result of which, the aforesaid FIR was lodged by the respondent Nos. 3 and 4. Post the registration of the FIR, and filing of the charge-sheet, the parties amicably settled their dispute and resolved their differences with the intervention of

the village elders, community leaders and well-wishers of the village Koltapara. Initially, an agreement dated 16.11.2025 was executed, which was duly signed by the representatives of the respective clans before the Headman wherein, both parties agreed to withdraw cases against each other. In the incident, a Tablet handed over to the respondent No. 4, who is an ASHA worker came to be damaged.

5. Since none appeared for the respondent Nos. 3 and 4 and they were appearing in person, this Court appointed Mr. Philemon Nongbri as Amicus Curiae to appear on behalf of the respondent Nos. 3 and 4. Pursuant thereto, Mr. Philemon Nongbri, learned Amicus Curiae has filed a fresh affidavit dated 27.07.2026 of the respondent Nos. 3 and 4, bringing on record a fresh Compromise Deed/Settlement Agreement dated 27.07.2026 on record. The said agreement is at page 39 of the said affidavit. It appears from the said Compromise Deed/Settlement Agreement is duly signed by all the petitioners and the respondent Nos. 3 and 4 and that the petitioners have tendered an unconditional apology to the respondent Nos. 3 and

4, and expressed their sincere remorse for the incident that took place on 19.10.2025. It further appears that the respondent Nos. 3 and 4 (original complainants) being satisfied with the apology and assurances given by the petitioners and in order to maintain peace, harmony and brotherhood have agreed to compromise the matter and consent to the quashing of the FIR and subsequent legal proceedings.

6. Since there was damage caused to the respondent No.4’s Tablet, learned counsel appearing for the petitioners very fairly handed over ₹45,000/- to the learned Amicus Curiae for purchasing a Tablet for the respondent No. 4. Pursuant thereto, Mr. Nongbri, learned Amicus Curiae has purchased the Tablet and handed over the same to the respondent No. 4, who is present in Court today, in a sealed condition. Learned Amicus Curiae tendered the original receipts for purchase of the Tablet. The said original receipts are taken on record. The respondent No. 4, who is present in Court acknowledges receipt of the Tablet and assures to inform the authority of having received the same. Both, the respondent Nos. 3 and 4, who are present in Court

state that they have no objection to the quashing of the FIR in view of the amicable settlement between the parties.

7. Having regard to the judgments of the Apex Court in this connection, the amicable settlement between the parties and the nature of the dispute, there is no impediment, if the petition is allowed. Accordingly, the FIR registered with the Mawkyrwat Women Police Stations, being Mawkyrwat Women P.S. Case No. 11 of 2025 and consequently, the charge-sheet filed in the said FIR, are quashed and set aside.

8. This Court acknowledges the efforts taken by Mr. Philemon Nongbri, learned Amicus Curiae to espouse the cause of the respondent Nos. 3 and 4.

9. Rule is made absolute on the aforesaid terms.

10. The petition is allowed and disposed of.

(Revati Mohite Dere)

Chief Justice

Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.08.10 18:10:22 IST Signature Not Verified