JUDGMENT :

Heard Mr. V. Jamoh, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State.

2. The petitioners, who are the husband and wife, have jointly instituted the present proceedings praying for quashing of the FIR, dated 25.07.2021 lodged by the petitioner no. 1 (wife) against the petitioner no. 2 (husband), leading to registration of Itanagar Women Police Station Case No. 98/2021, under Sections 498(A)/323 of the IPC and the corresponding G.R. Case No. 668/2021 presently pending before the Court of learned Chief Judicial Magistrate, Capital Complex, at Yupia.

3. The petitioner no. 1 had lodged an First Information Report (FIR) on 25.07.2021 against the petitioner no. 2 alleging therein that she was beaten up and abused on the said day at around 5:00 am at public place by the petitioner no.2. On receipt of the said FIR, a case being Itanagar Women Police Station Case No. 98/2021, under Sections 498(A)/323 of the IPC came to be lodged. The police on conclusion of the investigation submitted a Charge-sheet being Charge-sheet No. 177/2021 under G.R. Case No. 668/2021, under Sections 498(A)/323 of the IPC.

4. The case is now pending before the Court of learned Chief Judicial Magistrate, Capital Complex, Yupia and charges are yet to be framed in the matter.

5. The facts leading to the lodging of the said FIR dated 25.07.2021 by the petitioner no. 1 was that on 24.07.2021, the petitioner no. 2 had stayed awake all night to mourn the death of the owner of the premises wherein they were staying as tenants and had consumed alcohol and got drunk. Thereafter, on reaching home in the earlier hours of 25.07.2021, the petitioner no. 2 wanted to make love to the petitioner no. 1, who denied such approach, being pregnant in 1st trimester. On such refusal, the petitioner no. 2 has assaulted the petitioner no. 1 and thereafter went and slept in a different room. The petitioner no. 1 as projected in the criminal petition, in the heat of the moment and on being so instigated by her elder cousin sister, lodged the said FIR on 27.01.2021 before the Banderdewa Police Station, which was forwarded to the Itanagar Women Police Station being a case involving crime against women and accordingly, Itanagar Women Police Station Case No. 98/2021, under Sections 498(A)/323 of the IPC came to be registered.

6. It is stated that the petitioners even after the lodging of the said FIR dated 25.07.2021 by the petitioner no. 1, had not separated, but were living together as husband and wife and their relationship had become more stronger after the birth of their second child. It is stated that the matter was amicably settled between them and the petitioner no. 1 is not willing to pursue the criminal proceeding instituted by her which was so instituted without knowing the future legal consequences of the same.

7. The petitioners having resolved their differences have entered into a mutual deed of agreement on 21.02.2024 and therein, have resolved that the criminal proceeding pending against the petitioner no. 2 shall not be pursued by the petitioner no. 1.

8. The Sections involved being not compoundable under Section 320 of the Cr.P.C., the petitioners have jointly instituted the present proceedings praying for quashing of the criminal proceeding now pending against the petitioner no. 2.

9. Mr. V. Jamoh, learned counsel for the petitioners by reiterating the facts as narrated herein above had submitted that the institution of the FIR dated 25.07.2021 was an action taken by the petitioner no. 1 in the heat of the moment and also upon instigation by her cousin sister without understanding the future legal consequences in the matter. It was contended that the deed of mutual agreement by and between the parties on 21.02.2024 was with the view to reduce into writing, the reconciliation already arrived at, between the parties and the same was signed voluntarily by the parties without any undue influence and in sound st