Manash Ranjan Pathak, J.

Heard Mr. Chorpok Modi, learned counsel for the petitioners. Also heard Mr. Kholi Tado, learned Public Prosecutor of the State for the respondent No.1 and Mr. R. Pait, learned counsel for the respondent No.2.

2. The petitioner No.1 is the charges sheeted accused in Itanagar Police Station Case No. 277/2012 corresponding to GR Case No. 491/2012 under Sections 279/337 IPC and the petitioner No. 2 is the victim of the case and further, the respondent No. 2 is the informant of the Case.

3. By this application under section 482 CrPC, 1973 the petitioners have prayed for quashing and setting aside the proceeding of said GR Case No. 491/2012 along with the Itanagar P.S. Case No. 277/2012 stating that if the said proceeding is allowed to continue it would cause irreparable loss to the alleged accused/petitioner No.1 since he along with the petitioner No. 2, the victim of the case has already amicably settled their disputes by executing an Agreement of Amicable Settlement between them on 16.02.2018. It is also placed before the Court that the medical report of the victim, petitioner No. 2 reveals that in the said accident occurred on 06.12.2012 the said victim sustained only simple injury. It is also stated by the petitioners that that the said incident is personal to the victim without affecting the society at large.

4. Mr. Tado, learned Public Prosecutor submits that though section 337 IPC is compoundable at the instance of the victim but section 279 IPC is not a compoundable offence.

5. However, Mr. R. Pait, learned counsel appearing for the respondent No.2, the informant of the case on instruction submits that the victim is his brother-in-law and as the victim himself has amicably settled the disputes between him and the accused petitioner outside the Court; as such he does not have any objection if the alleged accused petitioner No.1 is relieved of the charges of said GR case No. 491/2012 arising out of Itanagar P.S Case No.277/2012 as the said accused petitioner has already amicably settled the matter with the victim and the informant of the case outside the Court.

6. It is also stated that the when the family members and local residents of their families met to resolve the disputes, they came to know that accused petitioner No. 1 is the brother-in-law of the victim petitioner No. 2 and in presence of the their family members they amicably settled the matter among themselves, out of Court. For the said reasons the petitioners have filed this petition praying for necessary direction of the Court in that regard. The petitioners have also placed the agreement of amicable settlement between them dated 16.02.2018 before the Court.

7. Perused the record of the case and from the medical report of the victim, issued by the authorities of Ram Krishna Mission Hospital, Itanagar, it is seen that petitioner No. 2, the victim in the said accident occurred on 06.12.2012 around 08:00 pm at night sustained simple injury.

8. The charge sheet No. 65/2013 dated 13.04.2013 was filed in said Itanagar PS Case No. 277/2012 corresponding to GR Case No. 491/2012 also reflects that on 06.12.2012 around 08:00 at night a tempo vehicle bearing Registration No. AR-01/6859 driven by the petitioner No.1 took a u-turn in the Highway near Ane Hotel, Itanagar and Bus Stand Bank Tiniali, Itanagar and the victim while coming from the side of Ganga, Itanagar dashed the said tempo from the rare side as it took a sudden u-turn and in said accident the victim sustained simple injury as per the medical certificate given by the R K Mission Hospital, Itanagar and due to said accident both the tempo vehicle in its rare side and the motor cycle in the front side were partially damaged.

9. In the said charge sheet it was also stated that the motor cycle involved in the said accident was without any registration number. The concerned Investigating Officer after recording the statements of the owner of the motor cycle, informant of the case-res