RUBUL BISWAKARMA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. V. Jamoh, learned counsel appearing for the petitioner. Also heard Ms. M. Tang, learned Addl. P.P. for the State respondent.

(2.) By this application under Section 482 of the Cr.P.C, the petitioners have prayed for quashing and setting aside the Naharlagun P.S. Chargesheet No. 27/2009, under Sections 341/352/511/34 IPC, (corresponding to GR case No.186/2007) pending in the court of learned Chief Judicial Magistrate, Capital Complex, Yupia, against them and the connected FIR No.186/2007.

(3.) The petitioners' case, in a nutshell, is that the petitioners No. 1,2,3,4 & 5 are employed as Police Constables in Arunachal Pradesh Police Battalion and they are friends. The petitioners have contended that the petitioner No. 1 had filed an FIR, on 19.09.2007, against the petitioners No. 2,3,4 & 5, out of a fun making talkings amongst them on 18.09.2017, after immersion of the idol of Biswakarma in Dikrong river at Doimukh, in inebriated condition, which was registered as Naharlagun P.S. case No. 186/07 under Section 341/352/511/341 IPC. The police, after completion of investigation, submitted charge sheet under Sections 447/323/511/34 IPC. The petitioners have stated that they have mutually settled the incident terming the same to be a consequence of misunderstanding and therefore, the petitioner No.1 is not willing to pursue the case any further and as such, continuation of the aforesaid criminal proceeding would be an abuse of the process of the court and would be a useless exercise.