JUDGMENT :

1. Heard Mr. D. Loyi, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Additional Public Prosecutor representing for the State of Arunachal Pradesh.

2. This criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for exercising/invoking the inherent power of this Court for compounding of non-compoundable offences between the petitioners No. 1, 2, 3, 4 & 5 for quashing of the FIR No.13/2019 dated 30.01.2019, under Section 304-A/34 of the Indian Penal Code, Charge-Sheet No. 158/20 dated 08.10.2020, which was submitted on 16.03.2022 before the Chief Judicial Magistrate, Capital Complex, Yupia.

3. A brief facts leading to the filing of the present petition is indicated below:-

“The petitioner No. 2 is running a school in the name of Green Park Residential School at Lower Model village, Lekhi at Naharlagun and was functioning for last 4(four) years. On the faithful day of 29.01.2019 the son of the petitioner No. 1 had fallen from the third floor of the school and accordingly, an FIR has been registered against the petitioner No. 2 and her teachings staffs under Section 304-A/34 of the Indian Penal Code. However, during the investigation a Peace Committee was constituted by the parties in order to avoid the escalation animosity between the parties as there was no intention to cause death on the part of the petitioners’ No. 2, 3, 4, & 5.

Accordingly, a Peace Committee conducted a meeting on 25.04.2019 under the chairmanship of Shri Bimbo Raji. After the thread bare deliberation by the 10(ten) members present in the meeting amicably settled the matter outside the Court with a suitable terms and conditions enshrined in the minutes of the meeting. In compliance with the minutes of the meeting dated 25.04.2019, the petitioners herein entered into an agreement of Deed of Settlement on 06.05.2019.

As the petitioners have already settled their matter amicably outside the Court and they have been living peacefully without any personal grudge, enmity and differences with each other and based upon the same, this present petition was filed before this Court for invoking the extra-ordinary, discretionary and inherent powers under Section 482 of the Cr. P.C. for quashing the proceeding of the aforesaid case pending before the Court of learned Chief Judicial Magistrate, Capital Complex, Yupia, Papum Pare District.”

4. Mr. Loyi, learned counsel for the petitioner submits that the instant case arose out of the FIR dated 30.01.2019, filed by the petitioner No. 1 against the petitioner No. 2 stating interalia that on 29.01.2019, his son Genno Hangkar, aged about 7(seven) years who was studied at class-II had fallen from the third floor of the Green Park Residential School, Lower Model village, Naharlagun, District Papum Pare, Arunachal Pradesh. In the said FIR, the informant/complainant alleged that the petitioner No. 2 and her teaching staffs are responsible for, their sheer negligence and recklessness which causes death of his son. Accordingly, on receipt of the said written FIR, the Officer-in-Charge registered the Naharlagun P.S. Case No 13/19 dated 30.01.2019, under Section 304-A/34 of IPC and endorsed the matter to sub-Inspector S. S. Jha for investigation.

5. Mr. Loyi, learned counsel for the petitioner also submitted that during the pendency of the investigation, a Peace Committee was constituted by both the parties in order to avoid the further escalation of animosities between the parties, as there was no intention to cause death on the part of the petitioners No. 2, 3, 4 & 5. Accordingly, a peace committee conducted a meeting on 25.04.2019 under the chairmanship of Shri Bimbo Raji. Mr. Loyi, further stated that the parties have already settled their matter amicably outside the Court by signing a Deed of Settlement dated 06.05.2019 before the Executive Magistrate, Itanagar Capital Complex. As per the Deed of Settlement, the petitioner No. 1 agreed to withdraw the FIR dated 30.