Mutual settlement does not justify quashing criminal proceedings in cases of serious offences, particularly where the victim is deceased, reflecting broader societal interests.

JUDGMENT :

ANJAN MONI KALITA, J.

1. Heard Mr. R. Ingo, learned counsel appearing on behalf of the Petitioners. Also heard Ms. T. Jini, learned Addl. Public Prosecutor, representing the State of Arunachal Pradesh.

2. The instant petition, under Section 528 of the BNSS , 2023, has been filed by 5(five) Petitioners jointly, seeking quashing and setting aside of the G.R. Case No. 333/2019, arising out of Itanagar P.S. Case No. 124/2019, dated 21.05.2019, registered under Sections 279 /304(A) of IPC and the subsequent Charge-sheet No. 14/2020 dated 15.02.2020, under /304/201/34 , pending against the Petitioner no. 1 and the Petitioner no. 2, before the Court of the Judicial Magistrate First Class, Yupia.

3. The Petitioner no. 1 and the Petitioner no. 2 are the alleged accused-persons, while the Petitioner no. 3 is the wife of the deceased (victim) and the Petitioner nos. 4 & 5 are the Informants in Itanagar P.S. Case No. 124/2019, dated 21.05.2019, registered under Sections 279 /304(A) of IPC .

4. An FIR was lodged by one Shri Techi Dokum (Petitioner No. 4) before the Officer In-charge of Itanagar Police Station on 21.05.2019, alleging, inter alia, that in the early morning of 20.05.2019 in between 01:00 hours to 02:00 hours, Late Dado Dayo of Donyi Polo Road, Itanagar, was found dead on the NH-415, near Hotel Arun Subansiri, Tinali with multiple injuries in his body; that the body of Late Dado Dayo was taken to RKM Hospital, Itanagar by Itanagar Police, wherein the attending doctor declared him brought-dead; that on 21.05.2019, the informant came to know that the Bolero (white colour), bearing Registration No. AR-05-2649 belonging to the Project Director DRDA, Seppa, hit the scooty driven by aforesaid Late Dado Dayo from back resulting in death of Late Dado Dayo on the spot.

5. On receipt of the FIR, Itanagar P.S. Case No. 124/2019, dated 21.05.2019, under Sections 279 /304-A of IPC was registered and after completion of the investigation, Charge-sheet No. 14/2020, dated 15.02.2020, under /304/201/34 was submitted against the Petitioner no. 1 and Petitioner no. 2. Thereafter, the case was registered as G.R. Case No. 333/2019 in the Court of learned Judicial Magistrate First Class, Yupia, wherein the criminal trial is presently pending at the stage of prosecution evidence.

6. It is seen that before filing of the FIR dated 21.05.2019, another FIR was lodged about the same incident by the Respondent no. 5 on the same date.

7. The instant joint petition has been filed by the Petitioners stating that the family members of both sides, upon consideration of various facts including that the incident was purely accidental in nature and with the advice of well wishers and elderly members of the society, the parties have amicably settled the disputes regarding the death of the victim. It is stated that amicable settlement meetings were held on two occasions and the parties mutually agreed to resolve the dispute by execution of a settlement deed, whereby the Petitioner nos. 1 & 2 paid a lump sum compensation amount of Rs. 72,00,000/- (Rupees Seventy-Two Lakhs only) for the welfare of the deceased’s wife and three minor daughters. It is stated that the Petitioner no. 3 (the wife of the victim) had, after due consideration accepted the amount without having any grievances. Therefore, the parties, including the Informants in the instant case had jointly filed the instant petition before this Court to invoke the inherent power under Section 528 of the BNSS , 2023, to quash the criminal proce