ORDER :

Heard Mr. R. Sonar, learned counsel along with Mr. T. Topu, learned counsel for the petitioners and also heard Mr. T. Ete, learned Additional PP for the State.

2. This instant application under Section 482 of Cr.PC has been jointly filed by the petitioners for setting aside the criminal proceedings in POCSO Case No. 13/2020 under Sections 354(A)/506 of IPC, 1860 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, corresponding to Itanagar Women PS Case no. 91/2020 pending before the Special Judge (POCSO), Yupia on the basis of compromise/settlement between the accused and the victim.

3. The facts of the case in brief is that on 06.11.2020, an FIR was filed by the petitioner No. 1 at Women Police Station, Itanagar, interalia, alleging that the petitioner No. 2 molested her on 21.10.2020 at around 5:20 AM near Yupia water tank and since then he had been calling and texting her saying “he is in love with her”. It was also alleged that on the intervening night of 03.11.2020, the petitioner No. 2 also fired several rounds of firing from his revolver and threatened her. It was on the basis of the aforesaid FIR, Itanagar Women Police Station Case No. 91/2020 dated 07.11.2020, under sections 354/354A(1)/354D/336/506 of the IPC, 1860 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 27(1) of the Arms Act was registered against the petitioner No. 2.

4. The petitioner No. 2 was arrested in connection with the above case and later he was released on bail. On the completion of the investigation, charge-sheet No. 79/20 dated 19.11.2020 was filed before the jurisdictional Special Judge, Yupia against the petitioner No. 2. The petitioner No. 2 was found to have committed various offences under sections 354/354A(1)/ 354D/336/506 of IPC read with Section 8 of the Protection of Children from Sexual Offences Act, 2012. The learned Special Judge, Yupia vide its order dated 17.05.2022 has framed the charges under the aforesaid sections against the petitioner No. 2 which is pending trial before the Special Judge, Yupia at the stage of Prosecution Evidence.

5. After the arrest of the petitioner No. 2, at the initiative of the family members and close relatives of both the parties, they had compromised and settled the matter as the basis of filing of the FIR against the petitioner No.2 was out of sheer misunderstanding and miscommunication between the parties as the petitioner No. 1 was under the impression that petitioner No. 2 was stalking her. Considering the fact that the parties are immediate neighbors and share an amiable and familial relationship with each other, and the allegation had arisen out of sheer misunderstanding and miscommunication between the parties and at the heat of moment, the family members and the close relatives had unanimously agreed to amicably and mutually settle the aforesaid criminal case and to that effect, a mutual agreement dated 20.11.2020 was executed between the parties. Now, the respective family members of both the parties have buried the hatchet and have been maintaining an amiable, cordial and familial relationship with each other and in view of which the petitioner no, 1 and her families do not intend to further pursue the aforesaid case against the petitioner no. 2.

6. On the basis of aforesaid settlement, the petitioners have jointly filed the present criminal petition for quashing the criminal proceedings in POCSO Case No. 13/2020 which is pending before the learned Special Judge (POCSO), Yupia.

7. Mr. R. Sonar, learned counsel for the petitioners submits that the present criminal case has arisen out of sheer misunderstanding and miscommunication between the parties at the spur of moment and the parties and their respective family members realizing the same have already settled the matter mutually and amicably. The petitioners, their respective family members and close relatives after considering the matter in its entirety has unanimo