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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Sunday Sono and Anr. Son of ALte Fei Sono – Appellant
Versus
Sate of AP represented by the PP of AP – Respondent
JUDGMENT & ORDER :
ANJAN MONI KALITA, J.
Heard Mr. T. Dada, learned counsel appearing on behalf of the petitioners. Also heard Mr. G. Tado, learned Additional P.P. representing the State.
2. The instant petition has been filed jointly by the petitioners, under Section 528 of the BNSS , 2023, praying for quashing and setting aside of the Seppa Women P.S. Case No. 13/2022, under Section 498A/323 of the IPC , along with the Charge-sheet No. 18/2022 and the connected criminal proceeding in Seppa Women P.S. Case No. 13/2022 (GR Case No. 69/2022), registered under Sections 498A/323 of the , pending before the Court of Chief Judicial Magistrate, Seppa, East Kameng District.
3. The Seppa Women P.S. Case No. 13/2022, under Sections 498A/323 of the IPC , was registered on the strength of a written complaint, dated 17.08.2022, lodged by the petitioner no. 2, alleging that she was subjected to physical, economic and mental assault by the petitioner no. 1 due to his alleged extra-marital affair with another woman.
4. On receipt of the FIR, a case was registered against the petitioner no. 2, vide G.R. Case No. 69/2022 under the aforementioned sections against the petitioner no. 2.
The High Court may quash non-compoundable criminal proceedings if the parties have settled their disputes amicably, especially when the continuation of the trial would be futile and overly burdensome....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The High Court can quash non-compoundable charges if the parties amicably resolve their dispute, as the likelihood of conviction is low and the proceeding would be futile.
The court emphasized the need to evaluate the nature and gravity of the offences, the impact on society, and the possibility of conviction when exercising the inherent power under Section 482 of the ....
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