JUDGMENT :

Heard Ms. C. Ering, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor representing the State respondent.

2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing and setting aside of the proceeding of Klg P.S. Case No.01/2018, registered under Section 326 of the Indian penal Code, which is pending before the Court of learned Judicial Magistrate, 1st Class at Koloriang, District Kurung Kumey, Arunachal Pradesh.

3. The brief facts leading to the filing of the present petition is that;

3.1. The FIR was lodged by one Head Constable namely Gyonashwas Shahi/petitioner No.2/informant of the 5th IRBN In-charge Judicial Jail, Koloriang, before the Koloriang Police Station on 09.01.2018, with a allegation that on 08.01.2018 at around 2200 Hrs. a quarrel took place amongst the 5th IRBN personnel deployed at Judicial lock-up Koloriang, which turned into fist and fight. During the course of fight one constable Alung Wangpan/petitioner No.3/victim got stabbed in the chest by sharp edge weapon by one Constable Taje Hangu/ petitioner No.1/accused. Accordingly, on receipt of the complaint a case vide Koloriang P.S. Case No.01/2018, was registered under Section 324 of the IPC on the same day. Thereafter, the Koloriang Police have investigated the case and filed charge-sheet being numbered as CS.No.17/21, dated 17.04.2021 against the petitioner No.1/accused.

3.2. Thereafter, the Court of learned Judicial Magistrate, 1st Class, Koloriang had proceeded for trial, but, none of the prosecution witnesses were examined.

3.3. In the meantime, the accused petitioner No.1 had approached before the petitioner No.2 & 3, being the informant and the victim and settled the case amongst themselves for cordial relationship and amicable relationship with each other without any grudge whatsoever and during this long period of time both the parties moved ahead with their respective lives. At present they are happily settled with their respective life.

4. Accordingly, the present petition has been filed jointly by the petitioners for quashing of the proceeding of the Klg P.S. Case No.01/2018, u/s 326 of the IPC, pending before the Court of learned Judicial Magistrate, 1st Class, Koloriang, District Kurung Kumey, on the ground of settlement made between the parties and for the interest of justice.

5. The learned counsel for the petitioners has submitted that the matter has been settled amicably between the parties, and even the victim, i.e. the petitioner No.3 is not willing to proceed with the instant case. He also submitted that the dispute between the parties arose, only due to simple misunderstanding. As such on dated 03.05.2022 & 04.05.2022, both the informant /petitioner No.2 and the victim/petitioner No.3 have authorized the alleged accused/petitioner No.1 to file quashing petition under Section under Section 482 of the Code of Criminal Procedure, 1973 of Cr.P.C., 1973 before this Court, in order to secure the ends of justice and to prevent the abuse of the process of any Court.

6. He also submits that there are no grievances against each other after the settlement of disputes, but, as the Section invoked is non-compoundable and the learned Trial Court has no authority to quash or compound the aforesaid case, the present petition is filed before this Court for quashing of the criminal proceeding. He further submitted that the continuing of the trial in connection with the said case will not only be abuse of the process of the learned Trial Court, but will also hamper the cordial relationship among themselves and may hamper the carrier of the accused/petitioner No. 1.

7. In addition, the learned counsel for the petitioners also relied on the decision of the Hon’ble Apex Court in Narinder Singh and others Vs. State of Punjab & Anr., reported in (2014) VI, SCC, 466, wherein, it is held that “when the parties have reached the settlement and when the possibility