JUDGMENT :

Heard Mr. D. Laji, learned counsel for the petitioners and Ms. T.Jini, learned Addl. P.P, for the State of Arunachal Pradesh.

2. That the present petition has been jointly filed by the petitioner No. 1 & 2 under section 482 Cr. P.C to set aside and quash the Bomdila Session Case No. 13/2016 arising out of Seppa P.S Case No. 51/2011 under section 366/354 IPC which is pending trial before the learned Sessions Judge, Bomdila.

3. The petitioner No.1 is the accused in the case and the petitioner No.2 is the informant/victim. Both the petitioner No. 1 & 2 are stated to be related by marriage. The elder brother of the petitioner No.1, Mr. TachungRiang being married to Smti.YatakRimo, the elder sister of the petitioner No.2.

4. That on 12.06.2011, the petitioner No.2 lodged a complaint stating that on 11.06.2011 at about 15:00 Hrs, the petitioner No. 1 who was the president of the All Kameng District Student Union on the pretext of discharging some student works took the petitioner No.2 to Lumdang road and physically assaulted her. The police accordingly registered the Seppa P.S Case No. 51/2011 under section 366/354 IPC against the petitioner No.1 and arrested him.

5. The police have completed the investigation of the case by complying with all the legal formalities and has thereafter submitted the charge sheet against the accused/petitioner under section 366/354 IPC and the case is presently pending disposal before the learned Sessions Judge, Bomdila. In the course of the trial, the learned Sessions Court has completed recording the evidence of the petitioner/informant and the other prosecution witnesses and also that of the accused/petitioner.The accused/petitioner has also been examined by the court under section 313 of Cr. P.C and the case is pending for final argument.

6. That on17.05.2022, the petitioner No. 1 and the petitioner No.2 has signed a Deed of Mutual Settlement. The terms and conditions of the mutual agreement is reproduced as under;

i). That 1st party has tendered unconditional apology to 2nd party (Miss LungneRimo).

ii). That the first party has also undertaken that he shall never misbehave with the second party in coming future, nor he shall recall aforesaid incident or tell others about the case or any bad words against the second party by taking local ordeal.

iii). That the 2nd party had already forgiven the 1st party of incident for which was registered. Moreover, both the parties and their family members are already living peacefully and harmoniously.

iv). That the 2nd party agreed that she shall never objection, if 1st party is discharged in Bomdila Sessions Case No. 13/2016 u/s 366/354 IPC, arisen out of Seppa P.S Case No. 51/2011, u/s 366/354 IPC or the same is closed. And she does not wish to pursue the case anymore.

7. That the petitioner No.2 has also sworn an affidavit on 21.05.2022 stating that the petitioner No. 1 & 2 have settled the case outside the court as per the Nyishi customary law and as such, the petitioner No. 2 shall have no objection if the Hon’ble Court discharges the accused from the criminal liability of the case.

8. That on the basis of the mutual settlement and the affidavit both the rival parties has jointly filed the present petition under section 482 Cr. P.C to set aside and quash the criminal trial pending before the learned Sessions Court, Bomdila.

9. Mr. D. Laji, learned counsel for the accused/petitioners at the outset submits that both the petitioners are closely related by marriage and as such, both used to visit and stay together at the residence of Mr. Tachung Riang and Smti. Yatak Rimo and the quarrel and misunderstanding between the petitioner No. 1 & 2 was the fallout of the election for the post of the President, All East Kameng District Student Union (AEKDSU) where the elder brother of the petitioner No.2 contested against the petitioner No.1. Since then, the petitioner No. 1 & 2 started having an acrimonious relation. Mr. D. Laji also makes a faint submission that both