IMPORTANT POINT
The court may quash proceedings for non-compoundable offences under Section 482 of the Cr.P.C. when parties have amicably settled their dispute, provided it does not pose serious societal implications.

JUDGMENT :

BUDI HABUNG, J.

1. Heard Mr. Sumit Chhetri, learned counsel for the petitioners. I have also heard Mr. G. Taloh, learned Additional PP for the State of AP.

2. This is a joint petition filed under Section 482 of the Criminal Procedure Code, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) praying for quashing of the chargesheet No. 171/2017 dated 16.07.2017 under section 279/338 IPC and its corresponding proceeding being GR case no. 111/2017 arising out of Itanagar PS case no. 38/2017 under section 279/338 of IPC pending before the Court of the Judicial Magistrate First Class, Yupia.

3. The petitioner no. 1, Shri Techi Nekam, is the informant; the petitioner no. 2, Shri Techi Butum, is the victim/pillion rider; the petitioner No. 3, Shri Bikram Gingbawas is the driver of the motorcycle, (accused No. 1) and the petitioner no. 4, Smti. Toko Jasmine, is the accused no. 2 in GR case No. 111/2017 arising out of the Itanagar PS case no. 38/2017.

4. The case of the petitioner is that on 22.02.2017, a written information was given to the Officer-in-Charge, Itanagar PS by the petitioner no. 1 stating that while the petitioners No. 2 and 3 were on their way to residence by a motor cycle driven by the petitioner No. 3, they were hit by the Nissan Terrano vehicle driven by the respondent no. 4 due to which the petitioner no. 2 (victim) and the petitioner no. 3 received injuries and were admitted in the hospital. Based on the above written information, a case being Itanagar PS case no. 38/2017 was registered under Section 279/338 IPC and investigated into.

5. The learned counsel for the petitioners submits that immediately after the occurrence of the incident and during the medical treatment of the injured victim, the matter was amicably settled amongst the parties whereafter, the accused No. 2/petitioner no. 4 had given all the support and assistance and had borne the medical expenses of the victim for his treatment. On entering such mutual settlement and on receipt of such support and assistance from the petitioner no. 4; the victim/petitioner no. 2 and the informant petitioner no. 1 have forgiven the accused petitioner nos. 3 and 4. Thereafter, the informant/petitioner no. 1 had verbally intimated to the IO of the case that since the matter has mutually been settled, they do not want to proceed with the case and requested him not to proceed further with the case.

6. After such settlement and information to the IO of the case, the petitioners were under the impression that the IO of the case had closed the further proceedings of the case. However, to the utter shock and surprise of the petitioners, after a lapse of almost about 6 years from the date of occurrence of the said incident, suddenly the petitioner no. 4 received a summon from the learned Court of Judicial Magistrate First Class, Yupia wherein she was directed to appear before the said Court on 22.08.2024 in connection with the said Itanagar PS case no. 38/2024 under section 279/338 IPC. And on receipt of such summon, the petitioners came to know that the IO of the case had continued with his investigation and on completion of the investigation, he had submitted the case into chargesheet against the accused petitioner nos. 3 and 4 for commission of offence under section 279/338 IPC.

7. It is submitted that after settling the matter mutually amongst the parties, they were living their life happily and peacefully; however, as soon as they came to know about the filing of the chargesheet and issuance of summon to the accused petitioner no. 4, the petitioners over and again had come together and reduced their earlier mutual settlement into agreement by executing a “Deed of Compromise” on 11.11.2024, whereby it is stated that the parties have mutually settled the matter amongst themselves and that the informant/petitioner no. 1 and the victim/petitioner no. 2 while acknowledging the help and support extended to the victim by the accused petitione