ORDER :

This application, under Section 482 Cr.P.C., is jointly preferred by the petitioners, namely, Shri Daniel Kakki and Mrs. Yai Nyokir Kakki, who are husband and wife, for quashing the FIR, dated 15.05.2020, of Pasighat Police P.S. Case No. 77/2020, registered under Section 498(A) of the IPC.

2. It is to be mentioned here that Pasighat P.S. Case No. 77/2020 registered under Section 498(A) of the IPC has been registered on the basis of one FIR lodged by the petitioner No. 2/Mrs. Yai Nyokir Kakki on 15.05.2020, for subjecting her to cruelty by the petitioner No. 1.

3. The factual background leading to filing of this petition is adumbrated hereinbelow:-

“The petitioner No. 2/Mrs. Yai Nyokir Kakki got married with the petitioner No. 1 on 21.01.2020 and thereafter lived together as husband and wife. After 3 (three) months, 24 days, the petitioner No. 1 used to subject the petitioner No.2 to both physically and mental cruelty. He also used to abuse her verbally every day, and some time in front of family members, and he also tried to throw acid on her and often terrorised by warning that he will inject poisons to kill her. Then on 09.05.2020, he started beating her till she bleed from her nose and ear over a petty issue. He also warned her that if she complained to anyone, he will kill her and all her family members. Thereafter, her guardian rescued her from the house of the petitioner No. 1 and provided medical treatment to her and she used to stay with her guardian. But there also he used to harass her mentally by sending abusive messages”.

4. Upon the aforesaid FIR, the Officer-in-Charge, Pasighat Police Station registered a case, being Pasighat P.S. Case No.77/, under section 498(A) of the IPC and investigate the same. And while the case was pending for finalization, the petitioners have settled the matter amicably between them at the intervention of their family members and well wishers and executed one Settlement Deed and on the basis of the said Settlement Deed both the petitioners have approached this Court for quashing the FIR of Pasighat P.S. Case No. 77/2020, registered under Section 498(A) of the IPC.

5. I have heard the learned Advocates of both sides.

6. Mr. K. Dabi, the learned counsel for the petitioners submits that the petitioners are husband and wife and out of misunderstanding, the petitioner No. 2 filed a complaint before the Pasighat Police Station, on the basis of which Pasighat P.S. Case No. 77/2020 under Section 498(A) of the IPC has been registered and being investigated and pending investigation, both the petitioners have arrived at a settlement and also executed a settlement deed and on the basis of the same, they have approached this Court for quashing the aforesaid FIR of Pasighat P.S. Case No. 77/2020, registered under Section 498(A) of the IPC. It is further submitted that the offence under Section 498A is not compoundable and since the matter is private in nature and in between husband and wife, it is contended to allow the petition by quashing and setting aside the aforesaid FIR.

7. On the other hand, Mr. G. Tado, learned Addl. PP submits that since the matter is between the husband and wife and since the matter is private in nature and since the parties have settled the disputes amicably and living together as husband and wife the State has no objection in the event of allowing the petition by this court.

8. Having heard the learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also carefully gone through the Case Diary produced by the learned Addl. PP before this Court.

9. Perusal of the Case Diary reveals that during the investigation, the I.O. of the case has examined the witnesses and also got the victim examined by the Doctor and collected the report and investigation has almost been completed and the case is pending for submission of final form. It also appears from the medical report of the victim i.e. the petitioner No.2, that injurie