JUDGMENT

Date : 21-10-2022 Heard Mr. T. Taba, learned counsel for the petitioners. Also heard Mr. J. Tsering, learned P.P. for the State of Arunachal Pradesh.

2. By this criminal petition, petitioners are praying for quashing of the criminal proceeding of Itanagar Women P.S. Case No. 66 of 2018 under Sections 447/448/365/323/34 IPC against the present petitioners. The petitioner Nos. 1 to 5 are accused in connection with the criminal case and the petitioner Nos. 6 and 7 are allegedly the victims in the present criminal case.

Now the accused and the victims have jointly filed an affidavit for quashing of the criminal proceeding which is pending before the Chief Judicial Magistrate, Capital Complex, Yupia, District- Paum Pare.

3. The petitioner No. 6 (name withheld) has lodged a complaint before the O.C. at Nirjuli P.S. contending inter alia that on 05.07.2018 between 10:30 to 11 PM while she was watching T.V. along with her husband, petitioner No. 7, a group of 10 to 12 members barged into her rented house with intent to commit murder and grievous hurt. They ransacked her house and dragged her out and forced her into a vehicle of Datsun Redi – Go make. The group also consisted of petitioner Nos. 1, 2, 3, 4 and 5 and some unknown miscreants. Her husband was also forced into the car and the miscreants assaulted them and tried to strangulate them with a help of rope. They robbed her of her belongings including gold chain of 24 grams, gold rings, Oppo mobile F – 3 and another mobile. Her husband somehow jumped out of the moving car near Gumto area but she was taken to the residence of petitioner No. 1 and confined in a room and was thereafter assaulted by means of bamboo sticks and was knocked out unconscious. Later on when she regained consciousness, she found herself being molested by the male members.

4. The petitioner No. 1 along with her henchmen tried to douse her with kerosene and set her ablaze but the police arrived and saved her. The present criminal case was lodged against the petitioner Nos. 1 to 5 by the petitioner No. 7 and the Investigating Officer embarked upon the investigation and finally submitted charge-sheet against the petitioner Nos. 1 to 5. It is submitted on behalf of the petitioners that the criminal case is an outcome of matrimonial dispute between the accused persons and the informants as well as the victims. The petitioner No. 1 and the petitioner No. 6 are the wives of petitioner No. 7. It is submitted on behalf of the petitioners that this case is the resultant of minor differences between two wives. At present their differences have mellowed down and the petitioners are maintaining a harmonious relationship and the petitioner No. 7 is taking care of his family which includes both his wives. It is submitted that the petitioner Nos. 1, 2, 3, 4 and 5 have approached the petitioner Nos. 6 and 7 and have amicably settled the dispute and differences between themselves. A deed of settlement was also executed between the petitioner No. 1 and petitioner Nos. 6 and 7 which is marked as Annexure No. 4. The petitioners have buried their hatchet and they have now prayed for quashing and setting aside the criminal proceeding in pursuance of their agreement for settlement, annexed as Annexure No.4 with the present petition.

5. It has been held by the Hon’ble Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan and Others, reported in (2019) 2 SCC 1230 wherein it has been observed that :-

“13. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:

(i) That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties ha