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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ANJAN MONI KALITA
Tema Raji, Wife of Tania Raji – Appellant
Versus
State of AP, represented by the PP of AP – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4) |
| 2. arguments regarding mutual settlement (Para 5 , 6) |
| 3. judicial powers in quashing non-compoundable offenses (Para 9 , 10) |
| 4. court's reasoning for quashing proceedings (Para 11 , 12) |
| 5. conclusion and disposal of the petition (Para 13) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. T. Tamin, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Addl. Public Prosecutor for the State.
2. This is an application jointly filed by the petitioners under Section 528 of the BNSS , 2023, praying for quashing and setting aside the GR. Case No.630/2018, corresponding to Itanagar Women P.S. Case No.99/2018, arising out of FIR dated 07.11.2028, registered under Sections 498A/323 of the IPC , 1860, pending before the Court of the learned Judicial Magistrate First Class, Yupia, on the basis of the settlement arrived at amongst the parties.
3. The facts of the case, in brief, is that the petitioner No.1, who is the wife of the petitioner No.2 had lodged an FIR against the petitioner No.2 on 07.11.2018 before the Officer-in-Charge, Women Police Station, Itanagar, alleging mental harassment and physical assault by her husband. T
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.
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 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 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....
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