Page No.# 1/4 GAHC040012352023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./163/2023 Marchi Gadi and 2 Ors. S/o Shri Tomar Gadi, a permanent resident of Village Degom, P.O/P.S Tirbin, District Leparada, Arunachal Pradesh. 2: Nyapak Basar Age: Occupation : S/o Lt. Tanya Basar a permanent of resident of Village Gori-II P.O/P.S Basar District Leparada Arunachal Pradesh. Contact Number 8258921073 3: Miss Pakgam Basar Age: Occupation : D/o Shri Nyapak Basar a permanent of resident of Village Gori-II P.O/P.S Basar District Leparada Arunachal Pradesh. Contact Number 841494742 VERSUS THE STATE OF AP represented through the Ld. Public Prosecutor. Advocate for the Petitioner : Kali Bogo, D Ado,Kemo Lollen Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 10.11.2025 Heard Mr. D. Ado, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State of Arunachal Pradesh. 2. This is an application under Section 482 CrPC, 1973, has been jointly filed by the petitioners, including the informant, who is the father of the victim for quashing and setting aside the FIR dated 23.02.2023 and the charge sheet No. 07 dated 07.03.2023 corresponding to Basar P.S. Case No. 01/2020 (G.R. Case No. 32/2020). 3. The facts of this case, in brief, are that on 22.02.2020, the petitioner No. 2 who is the father of the victim lodged an FIR before the Officer-in-Charge of Basar police station, inter alia, alleging that the petitioner No. 1/accused has uploaded obscene photograph of his daughter i.e. the petitioner No. 3 in the whatsapp group. On receipt of the said FIR, Basar P.S. Case No. 01/2020, under Section 292(A) of IPC has been registered. 4. Though the case was registered under Section 292(A) of the IPC but it came to be revealed that same has been inserted in the State of Odisha by State amendment and therefore, not applicable in the State of Arunachal Pradesh. As already stated at the outset, the petitioner No. 1 who is the accused in the case has filed a joint petition along with informant as well as the victim and by virtue of this joint petition, they seeking quashing of the criminal Page No.# 3/4 proceedings. 5. In this context, the learned Additional Public Prosecutor submits that investigation of the case resulted in a charge sheet and subsequently, the learned trial court has also framed charges against the accused petitioners under Section 292 IPC read with section 67(A) of I.T. Act. The settlement arrived at between the parties before the Keba has been annexed as Annexure 3 and it is stated therein that on 27.03.2023, a family meeting was held regarding the case during which the accused Marchi Gadi tendered apology before the informant of the case and other family members and promised not to repeat again in the near future and that if he repeats the same, then the family would give him suitable punishment. It is also stated that in the context of the same, the informant and his family pardoned and forgave the accused Marchi Gadi. 6. The learned Additional Public Prosecutor does not dispute the family settlement arrived at between the parties. Though, the nature of the allegation in the FIR was pertaining to uploading of some private video of the victim girl on whatsapp but it is submitted by the petitioners side the said video was deleted soon after. 7. In the given facts and circumstances, considering the settlement arrived between the parties before the traditional and customary forum – I am of the considered view that allowing the prosecution to proceed would be a futile exercise and a waste of valuable time of the criminal court. Therefore, accepting the agreement between the parties and the prayer of the petitioners, especially the petitioner No. 1 who is the accused in this case, the proceedings of FIR dated 23.02.2023 and the charge sheet No. 07 dated 07.03.2023 corresponding Page No.# 4/4 to Basar P.S. Case No. 01/2020 (G.R. Case No. 32/2020), shall stand quashed. 8. The following conditions are imposed to the petitioner No. 1/accused – (i) He shall abide by the process of law; (ii) He shall not in any manner harass or intimidate or harm or annoy the victim girl or her family; and (iii) He shall not in any manner do any act which is detrimental to the dignity and privacy of the victim and her family. 9. The criminal petition stands disposed of on the aforesaid terms. JUDGE Comparing Assistant