SHRI KARIK TABING AND ORS. Vs. THE STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-2-135
HIGH COURT OF GAUHATI
Decided on February 02,2018

Shri Karik Tabing And Ors. Appellant
VERSUS
The State Of Arunachal Pradesh Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) Heard Mr. N. Ratan, learned counsel appearing for the petitioners and Ms. M. Tang, learned Addl. Public Prosecutor for the state of Arunachal Pradesh.
(2.) By this application Under section 482 CrPC, 1973 the petitioners have prayed for quashing of the Itanagar P.S. Case No.319/2017 under sections 380/34, of the Indian Penal Code on the ground of compromise reached between them outside the court.
(3.) The case of the Petitioners, in brief, is that petitioner No. 1 is a government servant, and a permanent resident of Villlage Taki-Lalung, P.O-Yangrung and P.S-Pasighat, East Siang District, Arunachal Pradesh and presently serving as an IRBN posted in Seijosa, Arunachal Pradesh; the petitioner No. 2 is also a government servant and permanent resident of Village Gete, P.O-Payum and P.S-Kaying, Siang District, Arunachal Pradesh and presently serving as an IRBN posted in Jullang, Itanagar; the petitioner No. 3 is a permanent resident of Village Tirbin, P.O and P.S-Tirbin, Lower Siang District, Arunachal Pradesh; the petitioner No. 4 is a permanent resident of ESS Sector, Itanagar, P.O and P.S - Itanagar, Arunachal Pradesh and the petitioner No. 5 is a permanent resident of Village-Yanglong, P.O and P.S-Palin, KraDadi District, Arunachal Pradesh, presently residing at Tashi Yang Apartment near UD Office Mowb-2, Itanagar, Arunachal Pradesh. The petitioners No. 3, 4 and 5 are students and unemployed youths. The petitioner No. 1, who was posted at Seijosa, was approached by a person from Assam to buy his Motor Cycle as the said person was in urgent need of money. Since the condition of the Motor Cycle was good and the price of Rs. 60,000/-(Sixty thousand) only seemed to be reasonable, the petitioner No. 1 informed the said offer to the petitioner No. 2. The petitioner No. 2 became interested to purchase the Bike and so he deposited the amount of Rs. 40,000/-(forty thousand) only and asked him to contribute the rest amount of Rs. 20,000/-(twenty thousand) only which will be repaid later on. Accordingly, the petitioner No. 1 purchased the Motor Bike. Thereafter, the petitioner No.2 was freely using the said Bike in Itanagar area, but to his utter shock, he was arrested by the Police of Itanagar P.S., on 23.12.2017, accusing him of commission of theft of the Motor Cycle of the petitioner No. 5. The petitioners have further contended that the petitioner No. 5 lodged an F.I.R on 05.12.2017, at about 3P.M to the effect that some 'unknown miscreants' committed theft of three Motor Bikes from Tashi Yang Apartment, Itanagar, which was registered as Itanagar P.S. Case No.319/2017 under sections 380/34 IPC was registered. Thereafter, on the following day, that is, on 24.12.2017, the petitioner No.1 was also arrested. The petitioners have stated that the petitioners No. 1 and 2 were bonafide purchaser of the Bike and did not know that the said Bike was a stolen one. Thereafter, the petitioners No. 1 and 2 jointly undertook to indemnify for the loss suffered by the petitioners No. 3, 4, and 5 and accordingly, paid them an amount of Rs. 4,20,000/-(four lac twenty thousand) only for all the Motor Cycles which were stolen from Tashi Yang Apartment. Accordingly, all the petitioners have settled the matter vide a Deed of Settlement, dated 02.01.2018, whereby, the petitioners No. 3, 4 and 5 have undertaken not to pursue the case anymore against the petitioners No.1 and 2. Hence, the instant petition under section 482 CrPC, 1973 as allowing the criminal proceeding to continue against them will be a futile exercise and would not lead to conviction of the petitioners No. 1 and 2.;


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