TANA LAPI TARA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) 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 Ss. 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 5/7/2018 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.