JUDGMENT :

1. Heard Mr. B. Picha, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.

2. This is an application, under Section 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside the F.I.R. of Itanagar P.S. Case No. 148/99, dated 03.10.1999, registered under Sections 325/452 of the Indian Penal Code, and also to quash the Charge-Sheet No. 79/1999, dated 11.10.1999, under Sections 325/452 of the Indian Penal Code, and the corresponding G.R. Case No. 155/1999, presently pending before the Court of learned Judicial Magistrate 1st Class, Yupia, Papum Pare District, Arunachal Pradesh.

3. The brief facts of the case, leading to filing of the present petition, is that on 03.10.1999, Smti Kabita Dutta, petitioner No. 1 herein, lodged one F.I.R. with the Itanagar Police Station, to the effect that on the same day, at around 5.30 p.m., the petitioner No. 3 (Shri Jasbir Singh) came with a sword and broke the lower bolt of their door and assaulted her husband- Shri Nilomony Dutta, petitioner No. 2 herein, and as a result, left hand of the petitioner No. 2 was seriously injured and he was also hospitalized at R. K. Mission Hospital, Itanagar. Upon receipt of the said F.I.R., the Officer-In-Charge, Itanagar Police Station, registered a criminal case against the petitioner No. 3, being Itanagar P.S. Case No. 148/1999, under Sections 325/452 of the Indian Penal Code.

4. It is to be noted here that at the time of lodging of the F.I.R., the petitioner No. 3 was working as a Sweeper, C.C.W, A.I.R, Itanagar, Papum Pare District, and the petitioner No. 2, husband of the petitioner No. 1, was working as a Driver in the Officer of the C.C.W (Electrical) Department, A.I.R., Itanagar.

5. The I.O., after completion of investigation, filed Charge-Sheet against the accused/petitioner No. 3, vide Charge-Sheet No. 79/99, under Sections 325/442 of the Indian Penal Code, dated 11.10.1999, before the Court of learned Judicial Magistrate First Class, Yupia. The petitioner No. 3, accordingly, appeared before the Court of learned Judicial Magistrate First Class, Yupia, and thereafter, the learned Court below fixed the matter on 16.11.2022 for consideration of charges.

6. The petitioner No. 3, being the staff of the C.C.W, A.I.R, Itanagar, shared the same government quarter where both the petitioner Nos. 1 & 2 were also residing. On 03.10.199, at around 5.30 p.m., the petitioner No. 3, when returning back from his office, saw both the petitioner Nos. 1 & 2 assaulting his son on the top stair of the building. He got angry and took his sword and went towards the room of the petitioner No. 2 and during the course of altercation, the petitioner No. 2 sustained injury on his hand. But, later on, the matter was amicably settled amongst the petitioners and they also executed one Deed of Mutual Settlement on 10.09.2022 signifying that the differences have been resolved and there is no more enmity and grievances amongst the petitioners. The Informant and the victim also do not desire to pursue the case any further, which is presently pending before the Court of learned Judicial Magistrate First Class, Yupia, Papum Pare District, as G.R. Case No. 155/1999. Except Section 452 of the Indian Penal Code, the offence under Section 325 of the Indian Penal Code is compoundable offence as per Section 320 of the Code of Criminal Procedure. However, Section 320 does not limit or affect the powers of this Court under Section 482 of the Code of Criminal Procedure.

7. Mr. B. Picha, learned counsel for the petitioners, submitted that from the fact of the case, it is evident that the case is purely private in nature and it has no other social implications and all the petitioners have already entered into a mutual settlement agreement and hence, there is little chance of convicting the petitioner No. 3, rather the proceeding will unnecessarily consume the time of the learned Trial Court. The lea