(1.) Heard Mr. R. Sonar, learned counsel along with Mr. T. Topu, learned counsel for the petitioners and also heard Mr. T. Ete, learned Additional PP for the State.
(2.) This instant application under Sec. 482 of CrPC has been jointly filed by the petitioners for setting aside the criminal proceedings in POCSO Case No. 13/2020 under Ss. 354(A)/506 of IPC, 1860 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012, corresponding to Itanagar Women PS Case no. 91/2020 pending before the Special Judge (POCSO), Yupia on the basis of compromise/settlement between the accused and the victim.
(3.) The facts of the case in brief is that on 6/11/2020, an FIR was filed by the petitioner No. 1 at Women Police Station, Itanagar, interalia, alleging that the petitioner No. 2 molested her on 21/10/2020 at around 5:20 AM near Yupia water tank and since then he had been calling and texting her saying "he is in love with her". It was also alleged that on the intervening night of 3/11/2020, the petitioner No. 2 also fired several rounds of firing from his revolver and threatened her. It was on the basis of the aforesaid FIR, Itanagar Women Police Station Case No. 91/2020 dtd. 7/11/2020, under Sec. 354/354A(1)/354D/336/506 of the IPC, 1860 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 27(1) of the Arms Act was registered against the petitioner No. 2.