Gauhati High Court Kohima Bench quashes criminal proceedings against 68 people in Koridang poll case.
DIMAPUR — The Gauhati High Court’s Kohima Bench has quashed criminal proceedings against 68 people in a case arising from alleged violence during the 28-Koridang Assembly Constituency by-election after the complainant and accused reached an amicable settlement.
The court, in its September 29 order, allowed the petition filed by independent candidate Imchatoba Imchen and 67 others seeking quashing of the FIR, charge sheet and criminal proceedings.
The case relates to an FIR filed by Imchatoba on April 6, during the election campaign, alleging that supporters of BJP candidate Daochier I Imchen and members of the Mangmetong Village Council (B-Khel) attacked his supporters at Mangmetong village.
The FIR alleged that around 50 to 70 people were involved in the incident and that stones, daos and spears were used. Around 12 vehicles and five houses were allegedly damaged, while two people were assaulted.
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Police subsequently filed a charge sheet against 67 accused persons under various provisions of the Bharatiya Nyaya Sanhita, 2023.
The matter was later settled following a meeting convened by the Mangmetong Village Council on May 31. A resolution recording the settlement was placed before the High Court.
According to the resolution, Imchatoba said the FIR had been filed during the election process “to ensure his and his supporters protection from physical harm and to ensure a free and fair election without malice towards the accused persons”. Following the peaceful conclusion of the election, he expressed his willingness to end the criminal case through an amicable settlement.
The High Court noted that the case required caution as the FIR had been filed “against the backdrop of an assembly bye-election”.
However, after examining the allegations and material collected during the investigation, the court observed that “no specific overt act constituting the alleged electoral offence has been attributed to the individual petitioners”.
It further noted that the allegations were “substantially omnibus/general in nature” and found no material indicating continuing threat, intimidation or interference with the electoral process after the election.
On the allegations of damage to property, the court noted that the dispute had been amicably resolved and that the complainant was no longer willing to pursue the case.
“The compromise reached by the parties has not been placed before this Court as a mere unilateral statement, it has been affirmed by the parties, and there is nothing on record to indicate that the settlement was executed under coercion, threat, intimidation, inducement, or undue influence,” the order stated.
In the circumstances, the court ruled that continuation of the criminal proceedings would not advance the cause of justice while clarifying that it was exercising its inherent jurisdiction to secure the ends of justice and prevent abuse of the court process, rather than treating the offences as compounded.
The court accordingly quashed FIR No. 0011/2026 dated April 6, the charge sheet dated May 28 and the connected criminal proceedings pending before the Chief Judicial Magistrate, Mokokchung, insofar as they concerned the petitioners.