JUDGMENT : (MRIDUL KUMAR KALITA, J.) 1. Heard Mr. L. Perme, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent as well as Mr.T. T. Tara, learned counsel for the private respondent Nos.2 to 8. 2. This criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner, namely, Shri Duken Kato, praying for quashing of the Charge-sheet No.71/2023, dated 23.12.2023, under Section 447 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984, corresponding to the Aalo P.S. Case No.49/2023, which was registered on filing of an FIR dated 30.08.2023, by the respondent Nos.2 to 8. 3. The facts relevant for the consideration of the instant criminal petition, in brief, are that on 30.08.2023, the respondent Nos.2 to 8 herein, had lodged an FIR before the Officer-in-Charge of Aalo Police Station, inter-alia, alleging that the present petitioner, Shri Duken Kato and his son Shri Riddam Kato, had damaged the public property of Government Higher Secondary School, Aalo and wrongfully restrained the public officials at the time of land verification on 17.08.2023. On receipt of the said FIR, Aalo P.S. Case No.49/2023, under Section 447 of the Indian penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984 was registered and investigation was initiated. Ultimately, on completion of the investigation, Charge-sheet was laid against the two accused persons including the present petitioner under the aforesaid provisions of law. 4. Mr. L. Perme, learned counsel for the petitioner has submitted that the present petitioner was made as an accused in the FIR, out of grudge and for wreaking vengeance by the respondent Nos. 2 to 8 against the petitioner and his son. The learned counsel for the petitioner hasalso submitted that without there being any incriminating materials against the present petitioner, the Charge-sheet was laid in this case. 5. The learned counsel for the petitioner has submitted that the land adjacent to the Quarter No.G-18 was allotted to the mother of the present petitioner, namely, Smti Likir Kato and the son of the present petitioner, namely, Shri Riddam Kato, who is also the co-accused in the case, started construction of a building for accommodation of her grandmother. 5. The learned counsel for the petitioner has submitted that the land adjacent to the Quarter No.G-18 was allotted to the mother of the present petitioner, namely, Smti Likir Kato and the son of the present petitioner, namely, Shri Riddam Kato, who is also the co-accused in the case, started construction of a building for accommodation of her grandmother. It is also submitted that the boundary wall of the Government Higher Secondary School, Aalo, which was constructed in the year 2014 by PAYWA (Paktu Aao Youth Welfare Association), adjacent to the said land, collapsed and as nobody came forward for construction of the said wall, Shri Riddam Kato constructed the said wall at his own expenses, after getting approval from the School authorities. 6. The learned counsel for the petitioner has also submitted that with regard to the above incident, the petitioner was served with a notice on 09.09.2022, alleging encroachment of Government land and causing damage to the Government Quarter No.G-18, to which, he had replied, on 12.09.2022, clarifying that the land belongs to his mother and the construction over the same was done by his son, Shri Riddam Kato. 7. It is further submitted by the learned counsel for the petitioner that the boundary wall got damaged for the second time due to deluge and it was again repaired by the son of the present petitioner. It is further submitted that on 17.08.2023, the officers and staffs of the office of the Land Revenue and Settlement Officer proposed an inspection of the land where the boundary wall was constructed. On that day about 30 to 50 numbers of members of PAYWA (Paktu Aao Youth Welfare Association) trespassed into the residence of the petitioner’s son and tried to assault him. As a result of which, he lodged an FIR on 18.08.2023 and on the basis of which, Aalo P.S. Case No.44/2023 was registered. 8. The learned counsel for the petitioner has also submitted that the Memorandum of observation of the place of occurrence of offence by the Investigating Officer, which is available in the Case Diary, also shows that the damage caused to the septic tank of the Government Quarter No.G-18, due to construction of wall by Shri Ridddam Kato was repaired by him as per the order of the Deputy Commissioner, West Siang District, Aalo. He also submits that the said Memorandum of observation does not incriminate the present petitioner. He further submits that the statement of independent witnesses recorded under Section 161 of the Cr.P.C. implicates only the son of the petitioner. He also submits that only the members of PAYWA (Paktu Aao Youth Welfare Association), whose evidence is of hearsay nature have tried to implicate the petitioner due to vengeance against the petitioner. 9. The learned counsel for the petitioner has submitted that the instant FIR dated 30.08.2023, has been lodged against the present petitioner as a retaliation against the FIR lodged by his son against the members of PAYWA (Paktu Aao Youth Welfare Association). Hence, it is submitted that the criminal proceedings which ensued the FIR dated 30.08.2023 against the present petitioner is liable to be quashed. 10. In support of his submission, the learned counsel for the petitioner has cited following rulings of the Apex Court:- (a). State of Haryana & Ors. Vs. Bhajan Lal & Ors., reported in 1992 Supp1 SCC 599; and (b). Abhishek Vs. State of Madhya Pradesh, reported in 2023 0 AIR (SC) 4209. 11. On the other hand, Ms. T. Jini, learned Addl. Public Prosecutor appearing for the State of Arunachal Pradesh, has fairly conceded to the prayer of the petitioner on the basis of materials available on record. She has submitted that the documents available in the Case Diary as well as the Corrigendum verification report dated 04.09.2023 of the District Land Revenue and Settlement Officer, West Siang District shows that there are insufficient materials to prosecute the present petitioner as the incriminating materials are only against the son of the petitioner. She also submits that though the Corrigendum verification report is not a part of the Case Diary, however, as the same is relevant to the matter involved in this case, it may be taken into consideration. 12. On the other hand, Mr. T. T. Tara, learned counsel for the respondent Nos.2 to 8 has opposed the prayer of the petitioner by submitting that the petitioner may be equated to a snollygoster, who has very cleverly tried to shield himself behind his son. 12. On the other hand, Mr. T. T. Tara, learned counsel for the respondent Nos.2 to 8 has opposed the prayer of the petitioner by submitting that the petitioner may be equated to a snollygoster, who has very cleverly tried to shield himself behind his son. He refers to the statement of members of PAYWA (Paktu Aao Youth Welfare Association) recorded under Section 161 of the Cr.P.C. and submits that the said witnesses have incriminated the present petitioner, therefore, the prayer of the petitioner for quashing the criminal proceedings pending against him may be rejected. 13. I have considered the submissions made by the learned counsels for all the sides and have perused the materials available on record. 14. Interestingly, the extent of encroachment of the Government land alleged in this case is 50 Cm at one end and 80 Cm on the other end of the boundary wall of the Government Higher Secondary School, Aalo. The verification report (Corrigendum) dated 04.09.2023 as well as the materials in the Case Diary shows that the allegation of encroachment is only against the son of the present petitioner. It also appears that the septic tank of the Quarter No.G-18 has also been repaired by the son of the present petitioner. From the statement of witnesses available in the Case Diary, it appears that all the independent witnesses except the members of PAYWA (Paktu Aao Youth Welfare Association) have implicated the son of the present petitioner only. As the son of the present petitioner had filed an FIR against the member of PAYWA (Paktu Aao Youth Welfare Association) on 18.08.2023, the attempt to implicate the present petitioner by the members of PAYWA (Paktu Aao Youth Welfare Association), in their statements made under Section 161 of the Cr.P.C., due to vengeance may not be ruled out. 15. As the son of the present petitioner had filed an FIR against the member of PAYWA (Paktu Aao Youth Welfare Association) on 18.08.2023, the attempt to implicate the present petitioner by the members of PAYWA (Paktu Aao Youth Welfare Association), in their statements made under Section 161 of the Cr.P.C., due to vengeance may not be ruled out. 15. On perusal of the materials on record, this Court is of the considered opinion that in absence of any materials in the Case Diary except the statement of the members of PAYWA (Paktu Aao Youth Welfare Association) to implicate the present petitioner, moreover, in view of the verification report dated 04.09.2023, wherein there is no whisper about the present petitioner, the FIR lodged against the present petitioner and the subsequent Charge-sheet laid against him appears to be manifestly attended with mala fide and ulterior motive to wreaking vengeance on him due to personal grudge by the members of PAYWA (Paktu Aao Youth Welfare Association). 16. The Supreme Court of India in the case of State of Haryana & Ors. Vs. Bhajan Lal & Ors. (Supra), has observed that where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, it is a fit case to invoke the inherent powers of the Court under Section 482 of the Cr.P.C. to quash such proceeding. 17. For the aforesaid reasons, this Court is of the considered opinion that the case of the present petitioner falls within the ambit of category No.7 laid down by the Apex Court in the case of State of Haryana & Ors. Vs. Bhajan Lal & Ors. (Supra), hence, it is a fit case to quash the criminal proceedings pending against the present petitioner. 18. Accordingly, this criminal petition is allowed and the criminal proceeding arising out of the Charge-sheet No.71/2023, dated 23.12.2023, under Section 447 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984, corresponding to the Aalo P.S. Case No.49/2023, against the present petitioner, namely, Shri Duken Kato, is hereby quashed. 19. It is however, pertinent to observe that as the co-accused, Shri Riddam Kato has not challenged the said proceeding, it shall continue against him. 20. 19. It is however, pertinent to observe that as the co-accused, Shri Riddam Kato has not challenged the said proceeding, it shall continue against him. 20. With above observations, this criminal petition stands disposed of.