The main legal point established in the judgment is the application of the inherent power under Section 482 of Cr.P.C. to quash criminal proceedings, emphasizing the nature of the dispute, impact on society, and the need to consider the antecedents and conduct of the accused.

JUDGMENT

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

1. This application under Section 482 of the Code of Criminal Procedure, 1973 is filed for setting aside and quashing the GR Case No. 37/2023 registered under Section 279/427 of IPC pending before the learned Chief Judicial Magistrate, Aalo, District-West Siang, Arunachal Pradesh including the charges order dated 21.11.2023 in the case arising out of Aalo PS Case No. 25/2023 under Section 279/337/427 of IPC and subsequent Charge Sheet No. 25/2023 under Section 279/427 of IPC.

2. This petition is filed jointly by the accused and the victim/complainant therein as both the accused and the victim/complainant had in the meantime amicably settled the matter through a Keba Decision-Cum-Mutual Settlement Deed dated 29.09.2023, in presence of the well-wishers, family members and elderly people, who understand the betterment of future of the accused’s family and the victim’s family.

3. The petitioner No. 2 Miru Raksap lodged an F.I.R. on 21.06.2023 before the Officer-in-Charge of Aalo Police Station inter-alia alleging that on 20.06.2023 at around 08:10 PM the petitioner No. 1, who was returning back to Aalo from Kaying by his vehicle (Bolero) being registration No. AR-21-0030, hit the parked Duster RXZ bearing Registration No. AR 08 B 1471 of the petitioner No. 2 at Nehru Chowk near Apex Bank, Aalo, West Singh District, Arunachal Pradesh and damaged it completely. Accordingly, the FIR was registered as Aalo P.S. Case No. 25/2023 under Sections 279/337/427 of IPC.

4. After completion of investigation, the Investigating Officer had submitted a Charge-Sheet being CS No. 25/2023 under Section 279/427 IPC dated 05.09.2023 against the petitioner No. 1, before the learned Chief Judicial Magistrate, Aalo, West Siang District, Arunachal Pradesh.

5. Thereafter, the learned trial Court below took cognizance of the case and charges were framed against the petitioner No. 1 under its order dated 21.11.2023.

6. Subsequently, the petitioners have amicably settled the matter through a Keba Decision-Cum-Mutual Settlement Deed dated 29.09.2023, (Annexure-4) in presence of the well-wishers, family members and elderly people, who understand the betterment of future of the accused’s family and the victim’s family.

7. In the aforesaid backdrop, this Court is now to decide whether this is a fit case where this Court can exercise its inherent power under Section 482 of Cr.P.C. to quash the criminal prosecution initiated by F.I.R. being Aalo P.S. Case No. 25/2023 under Sections 279/337/427 of IPC.

8. It is by now settled that a High Court in exercise of its power under Section 482 of Cr.P.C. can very well quash a criminal proceeding or a criminal complaint under Section 482 of Cr.P.C. but while doing so, the Court is to follow certain principles as enunciated by the Hon’ble Apex Court Gian Singh–Vs-State of Punjab and Another reported in 2012 10 SCC 303, and in State of Madhya Pradesh –Vs-Laxmi Narayanand Others reported in 20195 SCC 688.

9. In Laxminarayan (Supra), the Hon’ble Apex Court at paragraph 13 held as under:-

“13. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:

i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;

i) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

ii