DEKE GADI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Gara, learned counsel for the petitionersandMs. L. Hage, learned Addl. P.P, for the State of Arunachal Pradesh.

(2.) This is an application filed by the petitioner under sec. 482 of the Cr. P.C, 1973 for quashing and setting aside the FIR dtd. 10/11/2016 which is registered as Band-erdewa P.S Case No. 36/2016 under sec. 448/435/427 of the IPC corresponding to G.R Case No. 793/2016 and the criminal proceeding pending before the learned Judicial Magistrate First Class Yupia District- Papum Pare, Arunachal Pradesh.

(3.) The fact of the case in brief is that the petitioner No.1 (alleged accused) and the petitioner No.3 (the victim) are husband and wife. The petitioners had a misunderstanding over a trivial issue and due to which the petitioner No.3 left the matrimonial home and went to her sister house at Karsingsa, Banderdewa without informing the petitioner No.1. The petitioner No. 1 went in search of the petitioner No.2 at his sister-in-law place, however not finding the petitioner No.3 at her sister house, the petitioner No.1 became infuriated and began destroying the personal belongings of the petitioner No.3 as well as the furniture, fans and fixtures belonging to the petitioner No.3. The petitioner No.1 also started to physically and mentally harass his wife. It is in this circumstances that the petitioner No.2 (the informant) who is the brother of the petitioner No.3 lodged the FIR to the Officer-in-Charge, BanderdewaPolice Station, Papum Pare District on 10/11/2016 and consequent to which the P.SCase No. 36/2016 under sec. 448/435/427 IPC was registered against the petitioner No.1 (the accused). The present case has been charge sheet and pending trial before the court of learned Judicial Magistrate First Class, YupiaPapum Pare District.