IMPORTANT POINT
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. Bharat Padung, learned counsel for the petitioners. Also heard Ms. Hage Laxmi, learned Addl. P.P., appearing on behalf of the respondent State of Arunachal Pradesh.

2. The petitioners, herein, have jointly preferred this criminal petition, praying for quashing of the First Information Report(FIR), dated 11.08.2023, registered as Niti Vihar P.S. Case No. 35/2023, under Sections 323/341/448/34 of the Indian Penal Code along with the charge sheet being charge sheet No. 36/2023, dated 20.08.2023, submitted by the I.O. in G.R. Case No. 632/2023, pending before the Court of learned Chief Judicial Magistrate, Capital Complex, Yupia.

3. The petitioner No. 1, herein, had lodged an First Information Report(FIR) against the petitioners No. 3, 4 & 5, alleging therein, that they had assaulted him in his house on 11.08.2023. It was further highlighted in the said First Information Report(FIR) that it was the petitioner No. 3 who had brought the petitioners No. 4 & 5 to attack the petitioner No. 1. The police on completion of the investigation; proceeded to lay the charge-sheet in the matter being charge sheet No. 36/2023, dated 20.08.2023, and the petitioners No. 3, 4 & 5, were arrayed as accused in the said proceeding. As per the projection made by the I.O. in the said charge sheet; on 11.08.2023, the petitioner No. 1 along with his father had appeared before the Niti Vihar Police Station with an injury to his nose and reported that he was beaten by the petitioners No. 3, 4 & 5 on 11.08.2023, at about 5.30AM at his residence. The petitioners No. 3, 4 & 5 were arrested on 12.08.2023 and the sections against which they were so charged being bailable in nature; they were released on bail. The charge-sheet also proceeds to project that the injuries suffered by the petitioner No. 1 were simple in nature. The charge-sheet further projects that during investigation of the case; it was revealed that the petitioner No. 1 and the petitioner No. 3 were friends and on 10.08.2023, at around 21.30 hours, they had gone to the house of the petitioner No. 2 for a get together and had partied therein, till midnight. The petitioner No. 3 was drunk and they had gone for a ride towards Bank Tiniali along with petitioner No. 2. It is projected that during the ride; the petitioner No. 3 had inappropriately touched the petitioner No. 2 due to which both had an argument inside the car and a fight had also broken out between the petitioners No. 1 & 3, respectively. It is, basing on the said incident, that the petitioner No. 3 along with his cousins i.e. petitioners No. 4 & 5, had gone to the house of the petitioner No. 1 on 11.08.2023 and assaulted him, leading to lodging of the said First Information Report(FIR). Accordingly, charge-sheet being charge sheet No. 36/2023 was laid under Section 447/341/323/34 of the Indian Penal Code against the petitioners No. 3, 4 & 5. The learned trial Court on considering the matter; proceeded to frame the charge under Sections 354A(1)(i)/448/323/34 of the Indian Penal Code against the petitioner No. 3, herein, and charge under Sections 448/323/34 against the petitioners No. 4 & 5, herein.

4. The petitioners, herein, also considering the fact that the charge sheet was initially laid under Sections 323/341/448/34 of the Indian Penal Code, which were compoundable in nature, had decided to settle the matter before the Lok Adalat, however, the learned trial Court having also framed the charge under Section 354A(1)(i) of the Indian Penal Code which is non-compoundable in nature; the petitioners reduced in writing in the form of a deed of mutual agreement, on 07.12.2024, the resolution of the disputes so arising in between themselves.

5. It is to be noted that the petitioner No. 2 was also a party to the said deed of mutual agreement. It is in relation to the incident occasioning between the petitioners No. 2 & 3 that Section 354A(1)(i) of the Indian Penal Code, came to be so added by the learne