ORDER

Date : 16-11-2022 Heard Mr. P. Taffo, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor representing the State of Arunachal Pradesh.

2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of First Information Report(FIR) No.11/2019 dated 15.04.2019 in connection with KBR/PS- C/No.11/2019 under Sections 147/436/325/341/342/34 Indian Penal Code corresponding to LDG GR No.226/2019 pending before the Judicial Magistrate 1st Class, Longding.

3. The case in a nutshell is that the First Information Report(FIR) dated 15.04.2019 was lodged before the Officer-in-Charge of Kanubari Police Station, Longding District by the complainant/petitioner No.3 alleging that the Bolero vehicle of the complainant was burnt down by the irritated and angry mob due to an accident where, the complainant’s vehicle and one motorcyclist namely Shri Monwan Wangjen collided, due to which the motorcyclist suffered severe head injury and later succumbed to his injuries, in this connection the Charge-Sheet was filed against the petitioner Nos. 1 & 2 vide Charge-Sheet No.02/2022 dated 22.02.2022 under Sections 147/436/325/341/342/34 Indian Penal Code corresponding to LDG GR No.226/2019 pending before the Judicial Magistrate 1st Class, Longding. The petitioner/complainant and the two accused persons subsequently settled their matter by executing a deed of compromise/settlement on 28.07.2022 and the petitioners wanted to live peacefully in future, hence the petition under Section 482 Cr.P.C.

4. Mr. Taffo, learned counsel for the petitioner submits that due to the accident that occurred on 15.04.2019 which resulted in the death of one person, at the moment, due to the death of one person, a mob of 100/200 people had gathered and, in their anger, they burnt down the vehicle of the complainant. However, only the petitioner Nos.2 & 3 were made the accused in the case.

5. The learned counsel for the petitioner further submits that the petitioner/complainant and the two accused persons have now settled the matter by executing a deed of compromise/settlement on 28.07.2022 and both the parties have buried all the disputes and differences and intends to live peacefully forever in future. There is no likelihood of the two accused/petitioners being convicted during the trial, as the matter is already settled by executing a compromise/settlement dated

28.07.2022.

6. Ms. Jini, learned Additional Public Prosecutor in all fairness submits that only the petitioner nos. 2 & 3 have been made as the accused in the incident, whereas, there were more than 100/200 people involved in burning the Bolero Vehicle, thus considering the fact that the complainant and the accused persons have already compromised and come to an amicable settlement by executing the compromise/settlement deed dated 28.07.2022, she does not raised any objection to the quashing and setting aside of the FIR No. No.11/2019 dated 15.04.2019 in connection with KBR/PS-C/No.11/2019 under Sections 147/436/325/341/342/34 Indian Penal Code corresponding to LDG GR No.226/2019 pending before the Judicial Magistrate 1st Class, Longding.

7. Having heard the submissions made by the learned counsel for the parties, and on the perusal of the documents placed on record, this Court finds that accused persons/petitioners 1 &2 are charged under Sections 147/436/325/341/342/34 Indian Penal Code and the matter has already been solved amicably by executing a deed of compromise/settlement dated 28.07.2022 between the complainant/ petitioner 3 and accused persons /petitioners 1 &2. The incident of burning down the vehicle of the complainant also involved a mob of about 100/200 people whereas only two persons have been made the accused in the incident. For the above reasons I find that it is clearly established that there is no likelihood of conviction of the accused persons and therefore, any further proceeding of the trial against the accused perso