Pelcy Snaitang & Ors vs State Of Meghalaya & Ors

Revati Mohite Dere, CJ

Heard learned counsel for the parties.

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

By this petition, the petitioners seek quashing of the FIR registered with the Ranikor Police Station, being P.S. Case No.19(10) of 2024, as against the petitioners for the alleged offences punishable under Sections 329(3), 324(2) and 3(5) of the BNS.

Learned counsel for the petitioners' states that taking the prosecution case as it stands, no offence whatsoever, under any of the aforesaid sections is disclosed. He submits that the parameters laid down by the Apex Court in State of Haryana & ors v. Bhajan Lal & ors reported in 1992 Supp (1) SCC 335, is squarely attracted and as such, the FIR and consequently, the chargesheet and the proceeding pending before the learned Judicial Magistrate First Class, Mawkyrwat, be quashed and set aside.

Learned GA opposed the petition. Similarly, learned counsel appearing for the respondent Nos.4 and 5 also opposed the petition. It is submitted that the material on record would show the complicity of the petitioners and as such, no case is made out for quashing of the FIR/proceeding.

Perused the papers i.e., the chargesheet. It is not in dispute that the Chief Executive Member, Khasi Hills Autonomous District Council, Shillong, vide order dated 21st December, 2023, had passed an order in favour of the petitioners. In the said order, it is stated that the petitioners have rightly proved that Tlongpleng village was under the jurisdiction of the petitioners i.e., Hima Bhowal. Accordingly, the District Council observed, that the observations made in the order dated 19th June, 2023, passed by the One-man Tribunal was correct in law as well as in fact and deserved no interference by the Executive Committee. It is further noted that the Tribunal had made a detailed observation on the historical facts and past disputes dating way back in the year 1900 by the Panchayat Lai Syiem, the Political Case of 1926, which aligns that the boundary of these two Syiemship. In conclusion, both the Hima Maharam and Hima Bhowal (petitioners), were directed to comply and implement the said order.

It is also not in dispute that the said order passed by the District Council was challenged by one of the aggrieved parties before this Court by filing a writ petition, being WP (C) No.81 of 2024. It appears that the learned Single Judge of this Court disposed of the writ petition vide order dated 15th April, 2026. Nothing has been pointed out by the learned counsel for the respondent Nos.4 and 5, whether the order dated 21st December, 2023, passed by the District Council, is under challenge as of today. It is further an admitted fact, that the FIR of which quashing is sought, was registered by the police on 26th October, 2024, alleging the offences of criminal trespass and mischief.

Having perused the statements of the witnesses and in light of the order passed by the District Council, this Court does not find any ingredients of the offence of criminal trespass being made out qua the petitioners. Infact, there is no mention in the statement vis-à-vis trespass by the petitioners. Infact, the statements of the witnesses show that there was no damage caused to any of the loudspeakers which were removed. To the contrary, the statements show that the loudspeakers were removed and were handed over to the police. Thus, there is no allegation of damage to property by any of the witnesses. In this view of the matter, no offence even under Section 324 (mischief) is made out.

Thus, keeping in mind the parameters laid down by the Apex Court in Bhajan Lal's case (supra) and taking the prosecution case as it stands from the chargesheet, no offences either under Sections 329(3), 324(2) and 3(5) of the BNS are disclosed, warranting continuation of the proceeding qua the petitioners.

Accordingly, the FIR registered with the Ranikor Police Station, being P.S. Case No.19(10) of 2024, the chargesheet and consequently, the proceeding pending before the learned Judicial Magistrate First Class, Mawkyrwat, are quashed and set aside.

The petition is accordingly allowed and Rule is made absolute on the aforesaid terms.

Petition is accordingly disposed of.

All parties to act on the authenticated copy of this order.