TUMTO KARGA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. M. Kato, learned counsel for the petitioners and Mr. S. Tapin, learned Senior Govt. Advocate acting as Public Prosecutor for the State of Arunachal Pradesh.

(2.) This criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the criminal proceeding in connection with Sessions Case No. 39/2017, pending before the learned Sessions Court, Yupia, under Sections 376/312/417 Indian Penal Code, corresponding to Itanagar Woman Police Station Case No. 36/2013 under Sections 376(1)/312/323/506/34 IPC on the ground that the accused and the victim, who are the petitioners No.1 and 2 respectively, have amicably settled their differences by a Deed of an Amicable Settlement Agreement signed between the parties on 13.02.2019, which has also been counter signed by the Executive Magistrate, Itanagar Capital Complex, Naharlagun on 18.02.2019.

(3.) The facts leading to filing of the present petition is that the petitioner No.2, who is the victim/informant had lodged an FIR before the Officer-in-Charge(WPS) Police Station, Itanagar on 19.08.2013 against the accused/petitioner No.1 along with two other persons. The First Information Report (FIR) dated 19.08.2013 is quoted herein below: