JUDGMENT

Date : 02-12-2021

01. This petition, under Section 482 of the Cr.P.C. is jointly preferred by the complainant, namely, Shri Niraj Kumar Rai/ petitioner No. 1 and Shri Lindung Buni/petitioner No.2 for quahsing the Charge-Sheet No. 178/2017 of Naharlagun P.S. Case No.178/2017 under Sections 353/341/506/511 of the Indian Penal Code.

02. The factual background leading to filing of this petition is briefly stated as under:-

“The petitioners are working in the Police Department of Arunachal Pradesh. On 12.09.2017 at about 12.30 hrs one Shri Linndung Buni/petitioner No. 2 who was serving as a Sub-Inspector at Naharlagun Police Station entered into the office chamber of Public Prosecutor at the premise of the Gauhati High Court, Itanagar Permanent Bench at ‘D’ Sector, Naharlagun holding a knife and had threaten to kill the petitioner No. 1, Shri Niraj Kumar Rai where he was working, and also threaten him to write one note that he will kill the petitioner No. 1 and Ms. M. Tang, the then Addl. PP of Gauhati High Court, Itanagar Permanent Bench. On receipt of the Ejahar from the petitioner No. 1, the Officer-in-Charge, Naharlagun Police Station registered a case being Naharlagun P.S. Case No. 178/2017, under Sections 353/341/506/511 of the Indian Penal Code and investigated the same and on completion of the investigation, he laid the Charge-Sheet against the petitioner No. 2 to stand trial in the Court under the said sections of law. While, the case was pending before the Court of learned CJM, Yupia for trial, the petitioner Nos. 1 & 2 settled their disputes amicably and they are no longer willing to proceed with the case and the petitioner No. 2 tendered unconditional apology and they have further crystallized the said settlement by executing one deed of settlement on 22.11.2021 and on the basis of the settlement deed, they approached this Court for quashing the FIR and the Charge-Sheet as the offences under Section 353 of the Indian Penal Code is not compoundable”.

03. Heard Ms. H. Jeram, the learned counsel for the petitioners and also heard Mr. J. Tsering, the learned PP for the State of Arunachal Pradesh.

04. Ms. Jeram, the learned counsel for the petitioners submits that both the petitioners are working in the Police Department and out of misunderstanding the case has been filed and now they have settled the same and also executed one settlement deed and since the offence under Section 353 of the Indian Penal Code is not compoundable, they approached this Court by filing the present petition to quash the FIR and the Charge-Sheet pending before the learned CJM, Yupia and therefore, it is contended to allow the petition.

05. Whereas Mr. J. Tsering, the learned PP has submitted that since the matter has been settled amicably and a settlement of deed also executed by the parties, he has no objection in the event of allowing the petition by this Court.

06. Having heard the submission of the learned Advocates of both side, I have carefully gone through the record. It appears that Naharlagun P.S. Case No. 178/2017 under Sections 353 /341 /506 /511 of the Indian Penal Code has been registered on the basis of one FIR lodged by Shri Niraj Kumar Rai on 12.09.2017. In the said FIR, it is stated that on that day at about 12.30 hrs, the petitioner No. 2, who was serving as Sub-Inspector in the Naharlagun Police Station entered into office chamber of Public Prosecutor at the premises of Gauhati High Court, Itanagar Permanent Bench, Naharlagun holding one knife and threaten to kill without any provocation and threaten him to write one note that he will kill him and Ms. M. Tang, the then Addl. PP of Gauhati High Court, Itanagar Permanent Bench, Naharlagun. Upon the said complaint, the Officer-in-Charge, Naharlagun Police Station registered the case being Naharlagun P.S. Case No. 178/2017 under Sections 353/341/506/511 of the Indian Penal Code and investigated the same and on completion of the same, he laid the Charge-Sheet before the court of lear