JUDGMENT :

Heard Mr. K. Gara, learned counsel for the petitioners and Ms. L. Hage, learned Addl. P.P, for the State of Arunachal Pradesh.

2. This is an application filed by the petitioner under section 482 of the Cr. P.C, 1973 for quashing and setting aside the FIR dated 10.11.2016 which is registered as Banderdewa P.S Case No. 36/2016 under section 448/435/427 of the IPC corresponding to G.R Case No. 793/2016 and the criminal proceeding pending before the learned Judicial Magistrate First Class Yupia District-Papum Pare, Arunachal Pradesh.

3. The fact of the case in brief is that the petitioner No.1 (alleged accused) and the petitioner No.3 (the victim) are husband and wife. The petitioners had a misunderstanding over a trivial issue and due to which the petitioner No.3 left the matrimonial home and went to her sister house at Karsingsa, Banderdewa without informing the petitioner No.1. The petitioner No. 1 went in search of the petitioner No.2 at his sister-in-law place, however not finding the petitioner No.3 at her sister house, the petitioner No.1 became infuriated and began destroying the personal belongings of the petitioner No.3 as well as the furniture, fans and fixtures belonging to the petitioner No.3. The petitioner No.1 also started to physically and mentally harass his wife. It is in this circumstances that the petitioner No.2 (the informant) who is the brother of the petitioner No.3 lodged the FIR to the Officer-in-Charge, Banderdewa Police Station, Papum Pare District on 10.11.2016 and consequent to which the P.S Case No. 36/2016 under section 448/435/427 IPC was registered against the petitioner No.1 (the accused). The present case has been charge sheet and pending trial before the court of learned Judicial Magistrate First Class, Yupia Papum Pare District.

That during the pendency of the trial of the case, the petitioner No. 1, 2 & 3 under the initiation of the elderly family members has amicably settled the dispute by executing the Deed of Amicable Settlement dated 10.05.2022. It is further the case of the petitioner No. 1 that he has separated from the petitioner No.3 and both the petitioner No.1 and 3 are no longer husband and wife. Both the petitioner No. 1 and 3 now have their respective family and are happily settled living their own lives. By the said compromise both the petitioner No. 1 & 3 has agreed to peacefully co-exist with one another by settling the case which was lodged by the petitioner No.2 against the petitioner No.1.

It is on the basis of the settlement arrived at between the parties that the petitioner No.1 has filed the instant petition under section 482 of Cr.P.C for quashing and setting aside the FIR dated 10.11.2016 which is registered as Banderdewa Police Station Case No. 36/2016 under section 448/435/427 of IPC corresponding to G.R Case No. 793/2016 and the criminal proceeding pending before the learned Judicial Magistrate First Class, Yupia, District-Papum Pare, Arunachal Pradesh.

4. Mr. K. Gara, learned counsel for the petitioner No.1 submits that the petitioner No. 1 & 3 are now separated as husband and wife having their own family and living peacefully. There is therefore, no question of the petitioner No.1 harming the petitioner No.3 in any way whatsoever. It is further submitted that the dispute arose out of a matrimonial dispute which has been amicably settled between the parties and therefore, in terms of the settlement arrived at between the parties the conviction of the petitioner No.1 in the case is bleak.

5. The learned counsel for the petitioner further submits that since the offence charge against the petitioner No.1 is not heinous in nature affecting the society at large, but personal to the parties, this Court may liberally accept the compromise executed between the parties and set aside and quash the FIR as well as the criminal proceeding pending before the learned Judicial Magistrate First Class by exercising the inherent power under section 482 of Cr. P. C.

6. Ms. L. Hage