SHRI DIBANG TAYENG Vs. THE STATE OF ARUNACHAL PRADESH AND ORS.
HIGH COURT OF GAUHATI
Shri Dibang Tayeng
The State of Arunachal Pradesh and Ors.
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AJIT BORTHAKUR,J. -
(1.) Heard Mr. B. Boruah, learned counsel appearing for the petitioner and Mr. U. Bori, learned counsel for the respondent No.2. Also heard Ms. M. Tang, learned Addl. P.P. for respondent No.1.
(2.) By this application under section 482 of the Cr.P.C , 1973 read with section 401 of the Cr. P.C., 1973 the petitioner has prayed for quashing of the proceeding of Itanagar WPS Case No. 87/2014 (corresponding to G.R. Case No. 750/14) under Section 498 A/494/325/506/120 B of the Indian Penal Code, read with section 25 of the Arms Act pending in the court of learned Judicial Magistrate, First Class, at Yupia, District Papum Pare, Arunachal Pradesh.
(3.) The petitioner's case, in a nut-shell, is that he is an Executive Engineer, in the Department of Water Resources, Government of Arunachal Pradesh and opposite party No.2 is his wife. Due to irreconciliable domestic differences, they have been constantly litigating by filing a number of criminal and civil cases filed by the opposite party No.2, which includes Complaint case No. 48/2014 under Section 125 Cr.P.C., 1973; D.V. case No. 10/2014 and Itanagar WPS Case No. 87/2014 under Sections 498 A/494/325/506/120 B IPC read with section 25 of the Arms Act. Having realized that to maintain peace and harmony in their matrimonial dispute, as nobody is going to be benefited by such litigations and hatred, both parties resolved to settle their disputes and differences in the Lok Adalat, through amicable settlement and accordingly, the Lok Adalat held on 14.05.2016 settled their disputes, by way of passing the order, which is extracted herein below
"Cintina Moyong Complainant is present along with the counsel also defendant/accused is present, defendant agreed to pay Rs. 40 Lakhs as one time settlement by way of 2 (two) instalment i.e. first instalment Rs. 20 Lakhs to be paid on or before 31st August 2016 and another Rs. 20 Lakhs to be paid on or before December 2016. Meanwhile parties agreed to compound the remaining pending cases between them. Hence, with this the matter is settled and disposed off";
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