ORDER

14.09.2022 Heard Mr. M. Kato, learned counsel for the petitioners. Also heard Ms. L.

Hage, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 praying for setting aside and quashing the criminal proceeding registered as GR Case No. 35/21 corresponding to Aalo P.S. Case No. 41/2018 under Sections 120B/341/323/34 IPC.

3. This present application is filed jointly by the informant, all the accused persons and the victim.

4. The brief fact of the case is that some altercation took place between the alleged victim (petitioner No. 8) and the petitioner No. 1 on 15.07.2018, on the alleged ground that the victim who was a Tata Sumo driver had misbehaved with the daughter of the petitioner No. 1, while said daughter was travelling in the Tata Sumo of the alleged victim (petitioner No. 8). When the petitioners No. 2 to 5 reached at the KKK Sumo Counter, Aalo, just to enquire about the incident, the petitioner. 1, the alleged victim all of a sudden, provoked the petitioner No. 2 to 5 and some altercation took place between them. Thereafter, the petitioner Nos. 6 and 7, being the President and Secretary of the Tata Sumo Driver Association, Aalo, lodged the F.I.R. before the Officer-In-Charge, Police Station, Aalo, which has been registered and numbered as Aalo P.S. Case No.

41/2018, under Sections 341/325/34 of the IPC.

5. After the registration of the FIR, the case was investigated by the Investigating Officer and Charge Sheet was laid against the petitioner Nos. 1, 2, 3, 4 and 5, vide Charge Sheet No. 52/2020, under Sections 120B/341/323/34 IPC, dated 31.07.2020 corresponding to Aalo P.S. Case No. 41/2018, under Section 341/323/34 IPC.

6. Thereafter, the said case was forwarded to the Court of learned Chief Judicial Magistrate, Aalo, West Siang District, Arunachal Pradesh for trial. Accordingly, cognizance was taken by the learned Court below for the offences punishable under Sections 120B/341/323/34 of IPC, against the petitioner Nos.

1, 2, 3, 4 and 5 under its order dated 08.12.2021.

7. During the pendency of the aforesaid Criminal Proceeding, the petitioners herein well known to each other and being relative by relationship and being belonging to the same community of West Siang District, decided to settlement the matter and a Deed of Mutual Settlement was executed between the parties and amicable settlement was made on 25.03.2022.

8. The learned counsel for the petitioners submits that though there were a scuffle between the victim and the accused and the offences under Sections 323/341 of IPC, was registered but the said offense are compoundable offence and as the petitioners have mutually settled the matter, therefore, they have approached this Court for quashing the prosecution on compromise.

9. It is the case of the petitioners that though other offences are compoundable and that can be compounded under Section 302 IPC, however, Section 120B of IPC being not compoundable, this Court in exercise of its power under Section 482 of Cr.P.C. should quash the same in view of the settlement between the parties.

10. In the aforesaid backdrop, this Court is now to decide whether this is a fit case where this Court can exercise its inherent power under Section 482 of Cr.P.C. to quash the criminal prosecution initiated by GR Case No. 35/21 corresponding to Aalo P.S. Case No. 41/2018 under Sections 120B/341/323/34 IPC.

11. It is by now settled that a High Court in exercise of its power under Section 482 of Cr.P.C. can very well quash a criminal proceeding or a criminal complaint under Section 482 of Cr.P.C., but while doing so, the Court is to follow certain principles as enunciated by the Hon’ble Apex Court in Gian Singh –Vs- State of Punjab and Another reported in 2012 10 SCC 303, and in State of Madhya Pradesh –Vs- Laxmi Narayan and Others reported in 2019 5 SCC 688.

12. In the case of State of Madhya Pradesh & Laxmi Narayan, reported in A