Point of Law: It is also relevant to consider as to what is stage of the proceedings - It has been observed that if an application is made at a belated stage wherein the evidence has been led and the matter is at the stage of arguments or judgment, Court should be slow to exercise the power to quash the proceedings.

JUDGMENT :

Heard Mr. M. Bagra, learned counsel for the petitioners. Also heard Mr. J. Tsering, learned Public Prosecutor for the State of Arunachal Pradesh.

2. This is an application under Section 482 Cr.P.C for quashing the Charge-Sheet No. 34/2022, under Section 376 IPC dated 23.09.2022 in corresponding to the Aalo P.S. Case No. 04/2022, under Section 376 IPC, which is pending at the stage of appearance and committal before the Chief Judicial Magistrate (CJM), Aalo, District West Siang, Arunachal Pradesh.

3. This is a joint petition filed by the informant and the accused of the said Case praying for quashing and setting aside the above-mentioned charge-sheet and criminal proceeding. It is stated that both the petitioners belong to same family and they are both brother and sister from same parent and presently both the petitioners are having cordial relationship and residing peacefully.

4. On 28.01.2022, the petitioner No. 1 lodged an FIR before the Aalo Police Station alleging rape on her by the petitioner No. 2. The Case has been registered under Aalo Police Station, being Aalo P.S. Case No. 04/2022 under Section 376 IPC and after the investigation, the Case is also charge-sheeted against the petitioner No. 2 under the said Section of law. During the course of investigation, both the petitioners had verbally requested the Officer-In-Charge, Aalo Police Station, not to pursue the matter and they wanted to withdraw the case on the ground that the both the petitioners are from the same family. But the Officer-In-Charge did not consider the prayer of the petitioners and after examination of the witnesses, the case was Charge-Sheeted against the petitioner No. 2 on 10.02.2023. It is further stated that after the aforesaid alleged incident, both the petitioners mutually reconciled and compromised the matter with the help of their parents and accordingly one deed of mutual agreement is also executed on 03.03.2023 in presence of father of both the petitioners and it was duly executed before the Executive Magistrate, Capital, Naharlagun, on 03.03.2023. The petitioner No. 1 further stated that she has forgiven and forgotten the aforesaid illegal act and she wants to give another chance to the petitioner No. 2 for not doing any illegal acts with her or with anybody and thus, the petitioner No. 1 does not want to pursue the case against the petitioner No. 2.

5. Further it is stated that as both the petitioners have mutually agreed to settle the matter and hence, chance of conviction is very bleak and remote even if the proceeding is allowed to be continued, rather it will be an abuse of the process of the Court. Further, even in the case the petitioner No. 2 gets convicted, it will also cause great injustice to the petitioner No. 1, as both the petitioners have already cleared their differences and misunderstanding and presently, they are maintaining peace and cordial relationship between them. As the case is registered and charge-sheeted under non-compoundable offence, the matter cannot be compounded before the Trial Court under Section 320 Cr.P.C, and hence, both the petitioners have jointly filed the present petition for quashing and setting aside the charge-sheet and the connected Aalo P.S. Case No. 04/2022, under Section 376 IPC, which is pending at the stage of appearance and committal before the Court of learned Chief Judicial Magistrate (CJM), Aalo, District West Siang, Arunachal Pradesh.

6. It is submitted by the learned counsel for the petitioners that as the case have already settled between the parties, there is no chance of adducing any evidence by the petitioner No. 1 against the petitioner No. 2 and if the further proceeding is allowed to be continued, it will be an abuse of the process of the Court and hence, it is a fit case where the exercise of Section 482 Cr.P.C can be invoked for setting aside and quashing the criminal proceeding as well as the charge-sheet. He further submitted that as there is a mutual settlement betwe