ORDER

Date : 31-01-2022 This joint application under Section 482 Cr.P.C. is preferred by Shri Lobsang Penjor & 8 Ors., for quashing the F.I.R. of Tawang P.S. Case No. 28/2017, registered under Sections 147/149/323/352 of the IPC and the connected Charge-Sheet No. 20/2018, under the said Sections of law, pending before the Court of learned Judicial Magistrate First Class, Tawang.

2. It is to be mentioned here that Tawang P.S. Case No. 28/2017 has been registered on the basis of one F.I.R. lodged by one, Shri Lobsang Penjor on 16.09.2017 to the effect that a group of 25 to 30 students of Jawahar Narodhya Vidhyalaya, Tawang, came to the Government Higher Secondary School and while the victim was with his friends at school gate, they attacked and assaulted them and also caused injuries to them. Upon the said complaint, Tawang P.S. Case No. 28/2017, under Sections 147/149/323/352 IPC has been registered and the same has duly been investigated and after completion of investigation, the Investigating Officer has laid Charge-sheet against Shri Sanju Limbu, Shri Prem Tok, Shri Hidung Soki, Shri Karo Jebisow, Shri Tashi Tsering Sangriju, Shri Sanju Nikhangju, Shri Khyoda Mark and Shri Sunil Dorshi to stand trial in the Court under Sections 147/149/323/352 IPC. Upon the said Charge-sheet, the learned Judicial Magistrate, First Class Tawang, took cognizance of the offences and framed charges against the accused persons under Sections 147/149/323/352 IPC and on being read and explained over, the accused persons pleaded not guilty and then, the learned Court below had posted the case for prosecution evidence.

3. In the meantime, the family members of the petitioner, considering their future, tried to settle the matter among themselves and accordingly, consequently, arrived at an amicable settlement outside the Court and thereafter, executed a Deed of Compromise, dated 26.11.2021 and therefore, approached this Court for quashing the aforementioned F.I.R. and Charge-sheet by invoking inherent jurisdiction under Section 482 of the Cr.P.C., which is annexed to the petition as Annexure-4.

4. Heard Mr. G. Taloh, learned counsel for the petitioner and also heard Mr. J. Tsering, learned Public Prosecutor for the State of Arunachal Pradesh.

5. Mr. G. Taloh, learned counsel for the petitioners submit that the petitioners are young boys, aged 18 years, and all are students and prosecuting their studies and that the matter has been settled by their family members, considering their future. It is further submitted that though the offence under Sections 323/352/149 IPC are compoundable offences, yet the offence under Section 147 IPC is not compoundable and therefore, they approached this Court by filing the present petition to quash the F.I.R. of Tawang P.S. Case No. 28/2017, registered under Sections 147/149/323/352 of the IPC and the connected Charge- Sheet No. 20/2018 under the said Sections of law, pending before the Court of learned Judicial Magistrate First Class, Tawang. Therefore, Mr. Taloh, learned counsel for the petitioners contended to allow the petition by quashing the F.I.R. of above Tawang P.S. Case No. 28/2017, registered under Sections 147/149/323/352 of the IPC and the connected Charge-Sheet No. 20/2018.

6. On the other hand, Mr. J. Tsering, learned Pubic Prosecutor for the State of Arunachal Pradesh submits that since the matter has been amicably settled and the parties approached this Court by filing a Deed of Compromise and since the petitioners are students of 18 years old, the State has no objection in the event of allowing this petition.

7. Having heard the submission of the learned counsels of both sides, I have carefully gone through the petition and also the documents placed on record and also the scanned copy of record as received from the learned Judicial Magistrate First Class, Tawang.

8. It appears that the Tawang P.S. Case No. 28/2017 has been registered under Sections 147/149/323/352 of the IPC on an F.I.R. lodged by one Shri L