JUDGMENT

Date : 18-11-2021

1. This petition, under section 482 Code of Criminal Procedure 1973, is jointly preferred by Shri Tadar Oping and Shri Heri Taro, for quashing the FIR of Sangram Police Station Case No. 29/2013, under sections

279/304(A)/337/338 IPC, and the subsequent proceeding of the said case pending before the Court of learned Judicial Magistrate First Class, Koloriang.

2. The factual background leading to filing of this petition under section

482 Cr.P.C. is adumbrated herein below:-

“On 13/11/2013, the petitioner No.1 Shri Tadar Oping, after attending his Assembly Election duty at Paji village was returning to Itanagar with his family members in a white coloured Chevrolet Spark Car, No. AR-01F-2477, and while the car reached the turning point of Choba & Talangriang, all of a sudden, the petitioner No.1 could not be able to apply brake of the vehicle, and met with an accident near Choba & Talariang. As a result his sister-in-law- Miss Heri Yanang, 17 years, daughter of Mr. Heri Taro died on the spot and the petitioner No.1, and Miss Tadar Yapi, Shri Tadar Jhon, Shri Subhas Das and Shri Tadar Joyanta and Smti. Mahila Basumatary got seriously injured. On receipt of information about the accident from Late Tadar Ado, the O/C Sangram Police Station registered a case, being Sangram P.S. Case No. 29/2013, under sections 279/304(A)/337 /338 IPC, and investigated the same. The investigation culminated in submission of charge-sheet against the accused Shri. Tadar Oping, to stand trial in the court, under section 279/304(A)/337/338 IPC. Thereafter, at the intervention of the local people, the petitioners have settled the matter amicably and entered into a settlement deed, and on the basis of the same, they approached this court to invoke extra ordinary jurisdiction of this court under section 482 Cr.P.C. to quash the proceeding pending before the ld. Judicial Magistrate, First Class,Kurungkumey, Koloriang, as the offences are not compoundable under section 320 Cr.P.C.”

3. Heard Mr. P. Bate, learned counsel for the petitioner and also heard Ms. T. Jini, learned Addl. P.P., for the State of Arunachal Pradesh.

4. Mr. Bate, learned counsel for the petitioner, submits that at the intervention of the local persons both the parties, i.e. the accused person and the victim/deceased’s family entered into a settlement deed, and they are no longer willing to pursue the case pending before the Judicial Magistrate, First Class, Koloriang. And since the case is pending before the Court of learned Judicial Magistrate First Class, Koloriang, Kurung Kumey District, and since the offences are not compoundable u/s 320 Cr.P.C. the petitioners have approached this Court, to quashed the proceeding invoking the power under section 482 Cr. P.C.

5. It is further submitted that as the parties entered into the settlement deed, it is unlikely that the witnesses will deposed against the accused, and in such circumstances the possibility of conviction is bleak. Therefore, it is contended to allow the petition by setting aside the FIR of Sangram P.S. Case No. 29/2013, under section 279/304(A)/337/338 IPC, and the subsequent proceeding, pending before the Court of learned Judicial Magistrate First Class, Koloriang, Kurung Kumey District.

6. On the other hand, Ms. T. Jini, learned Addl. P.P., submits that since the parties have entered into a settlement deed, after resolving their dispute amicably, the State has no objection if the petition is allowed.

7. Having heard the submission of learned Advocates of both the sides, I have carefully gone through the petition and the documents placed on record. Also I have gone through the record of learned Court below. It appears that Sangram P.S. Case No. 29/2013, u/s 279/304(A)/337/338 IPC, dated 13.11.2013, has been registered on the basis of information received from Shri Tadar Ado, since decease, who had informed the O/C Sangram P.S. that one White coloured Chevrolet Spark B/No.-AR-01F-2477, met with an accident near Cho