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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
ARUN DEV CHOUDHURY, J
Kipa Nargish Charu – Appellant
Versus
State of AP represented by the PP of AP – Respondent
ORDER
Heard Mr. T Torum, learned counsel for the petitioners. Also heard Mr. T Ete, learned Additional PP, Arunachal Pradesh.
2. This is an application filed under Section 528 of the BNSS, 2023 praying for setting aside and quashing the criminal proceeding of Papu Hill Police Station Case No. 98/2024 under Section 74/324(5)/118(1)3(5) of BNS read with Section 27/25(9) of Arms Act, 1959.
3. In the F.I.R. it is disclosed that the petitioner No. 1 and petitioner No.2 are two wives of petitioner No. 3. The petitioner No. 1 lodged the FIR against the petitioner Nos. 2 and 3 alleging assault on her. Subsequently, they have entered into a deed of mutual agreement.
4. This present petition is jointly filed by the informant and the accused person, who are husband and wife, on the ground that they have amicably settled the matter. It is also on record that the petitioners have amicably settled vide settlement deed dated 01.03.2025 and out of misunderstanding the petitioner No. 1 lodged the FIR against the petitioner Nos. 2 & 3. Accordingly, it is contended that as the complainant and the accused had settled the matter amicably between them and therefore, this court in exercise of power under Sec
The court can quash criminal proceedings under inherent powers when disputes are amicably settled and do not pose a serious societal threat.
High Courts may exercise inherent powers to quash criminal proceedings in non-compoundable matrimonial disputes where parties have reached an amicable settlement, provided the offences are not heinou....
The court can quash criminal proceedings for non-compoundable offenses of a private nature when the parties have settled their disputes, provided it does not adversely impact society.
A High Court can exercise inherent powers to quash non-compoundable offence proceedings in matrimonial disputes when the parties have mutually settled, thereby preventing abuse of court process.
The court can quash criminal proceedings for non-compoundable offences of a private nature based on amicable settlement, provided it does not adversely impact society.
The court can quash FIRs for non-compoundable offences if the parties have mutually settled their disputes, emphasizing the need for justice and preventing abuse of process.
The High Court can quash non-compoundable criminal proceedings based on amicable settlements in personal disputes that do not affect public peace.
Amicable settlements in non-heinous offences can lead to quashing of proceedings to prevent abuse of judicial process.
High courts possess inherent powers to quash criminal proceedings, even for non-compoundable offences, when parties resolve personal disputes through reconciliation, thereby avoiding trial futility a....
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