IMPORTANT POINT
The High Court has the inherent power to quash criminal proceedings under Section 482 of the Cr.P.C. even for non-compoundable offences if the parties have amicably settled their disputes and continuation of the proceedings would not serve the interests of justice.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. K. Saxena, learned counsel for the petitioners. Also heard Mr. J. Tsering, learned Public Prosecutor for the State.

2. The petitioners, who are husband and wife, have jointly instituted the present proceedings, under Section 482 of the Cr.P.C., 1973 praying for quashing of the FIR, dated 22.09.2018 lodged by the petitioner no. 2 against the petitioner no. 1, leading to registration of Nari P.S. Case No. 06/2018, under Section 498(A) of the IPC along with the Charge-sheet being Charge-sheet No. 09/2018, dated 28.09.2018 submitted by the Police in G. R. Case No. 246/2018.

3. The admitted facts as revealed from the materials available on record is that the petitioner no. 2 (wife) had by way of instituting an FIR, dated 22.09.2018 before the Nari Police Station against the petitioner no. 1 (husband) alleged about the physical assault committed upon her by petitioner no. 1 (husband) on 21.09.2018. On receipt of the said FIR, the police registered a case being Nari P.S. Case No. 06/2018, under Section 498(A) of the IPC. On conclusion of the investigation in the said case, a Charge-sheet being Charge-sheet No. 09/2018, dated 28.09.2018 came to be filed by the Police before the Court of learned Chief Judicial Magistrate, Pasighat in G. R. Case No. 246/2018 corresponding to the said police case, against the petitioner no. 1. During the pendency of the said criminal proceedings, the petitioner no. 1 & 2 resolved their mutual disputes and on such resolution, executed a Deed of Agreement/amicable settlement dated 20.11.2023 at Itanagar and in terms thereof, they had decided to co-habit peacefully as husband and wife along with their children.

4. Mr. K. Saxena, learned counsel for the petitioners has submitted that on account of some misunderstanding creeping in between the petitioners, an unfortunate incident had occasioned on the night of 21.09.2018 leading to the petitioner no. 2 lodging a FIR, dated 22.09.2018 before the Nari Police Station. The incident as highlighted in the said FIR was investigated into and on conclusion of such investigation, a Charge-sheet being Charge-sheet No. 09/2018, dated 28.09.2018 came to be filed by the Police before the Court of learned Chief Judicial Magistrate, Pasighat and the criminal proceedings, thereof, are presently pending disposal.

5. Mr. Saxena, learned counsel for the petitioner by referring to the Deed of Agreement, dated 20.11.2023 and making a further submission that the petitioners are living together peacefully for the past several years with their two minor children and the petitioner no. 1 has no criminal antecedents; submitted that in view of the amicable settlement entered by and between the petitioners on 20.11.2023, the pending criminal proceedings against the petitioner no. 1 be quashed for the ends of justice.

6. Mr. J. Tsering, learned Public Prosecutor, by drawing the attention of the Court to the different signatures of the petitioner no. 2 available in the records of the present proceeding has raised a doubt as to whether the petitioner no. 2 has signed on the settlement deed available at Annexure-4 to the petition. On such an apprehension being raised by the learned P.P., Mr. K. Saxena by drawing the attention of this Court to the Deed of Agreement/amicable settlement has contended that the parties to the said agreement/settlement i.e., the petitioners herein, where identified by him and he has categorically stated that it is the petitioners who have signed at the designated places in the said agreement/settlement deed in his presence and he has further stated that such signatures were done voluntarily by the petitioners and there was no coercion in any form involved.

7. I have considered the submissions advanced by the parties and also considered the materials available on record.

8. At the outset, it is to be stated that during the hearing of the matter held on 23.11.2023 on an apprehension raised by the learned Addl. P.P.,