JUDGMENT :

Heard Mr. T. Taba, learned counsel for the petitioners and Mr. T. Ete, learned Addl. P.P, for the State of Arunachal Pradesh.

2. The petitioners have filed the present petition under section 482 of the Cr. P.C., 1973 to set aside and quash the FIR dated 02.10.2005 registered as Naharlagun P.S Case No. 122/2005 under section 458/324/427/435/511/109/34 IPC corresponding to G.R No. 58/2005 and the criminal proceedings/trial pending before the learned Chief Judicial Magistrate, Yupia District-Papum Pare.

3. The petitioner No. 1, 2 & 3 are the alleged accused persons in the above referred criminal case. The petitioner No. 4 is the informant and the petitioner No.5 is the victim.

4. The case in brief is that on 02.10.2005 the petitioner No.4 filed an FIR to the Officer-in-Charge, Naharlagun P.S stating that some miscreants trespassed into his compound and broke the windows of his house and also damaged his vehicles and during which injury was inflicted on the petitioner No.5. On receiving the FIR, the police registered the above referred case. In the course of the investigation of the case by the police, the petitioner No. 1,2 & 3 were arrested for their alleged involvement in the case. Investigation by the police revealed that due to some misunderstanding between the accused/petitioner No. 3 and the informant/petitioner No.4, the accused/petitioner No. 1 & 2 who are the acquaintance of the petitioner No.3 in aninebriated state trespassed into the house of the petitioner No.4 and caused damaged to the house and the vehicles of the petitioner No.4 and also inflicted bodily injury to the petitioner No.5. On completion of the investigation, the police submitted the charge sheet dated 16.06.2006 under section 173 Cr. P.C. The petitioner No. 1 & 2 were charge sheeted under section 458/323/427/307/436/511 IPC while the petitioner No. 3 was charge sheeted under section 109 IPC. One Mrs. Rido Meena was also charged under section 212 IPC. On 18.07.2018, the charge was considered by the learned Sessions Judge (WSD),Yupiaand charges were framed against the petitioner No. 1 & 2 under section 458/324/427/435/511/34 IPC, and against the petitioner No.3 under section 109 IPC. Mrs. RidoMeena was discharged from the criminal liability of the case. The case being triable by a Magistrate, the learned Sessions Judge transferred the case to the court of the learned Chief Judicial Magistrate, Yupia.

5. The trial of the case is in progress in the court of the learned Chief Judicial Magistrate, Yupia and the court has already recorded the evidence of both the informant/petitioner No.4 and the victim/petitioner No.5 on oath on 16.07.2019. The evidence of Smti Joram Meha (PW No. 3) and Shri. Joram Holi (PW No. 4) has also been recorded on 05.11.2019. The evidence of the remaining prosecution witnesses, 6(six) in numbers, are yet to be recorded and accordingly the case is pending for disposal.

6. That on 30.05.2021, the Deed of Settlement has been executed between the petitioner No. 1, 2 & 3 as the first party and the petitioner No. 4 & 5 as the second party. The relevant part of the agreement is reproduced here under;

i). That the first party and the second party had clarified each other about the 16 years old issue and came to conclusion that incident has been happened due to misunderstanding and shall maintain cordial relation between each and buried all the differences.

ii). That Shri. Byabang Taj and Shri.Likha Roja being the senior public/political leader of the community should work together for upliftment of society and state as a whole.

iii). That both the parties have resolved to approach the appropriate court for termination of 16 years old case vide NLG P.S Case No. 122/2005 pending before the court of CJM, Capital Complex, Yupia.

iv). This settlement is made without any consideration to maintain cordial relationship with each other and to work together.

It is on the basis of the compromise executed between the parties that the present petition u