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.

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. The complainant (petitioner No. 1) alleged in the FIR that after their marriage, certain domestic disputes arose between them from the year 2017. On one occasion, an altercation took place between them on account of the alleged extra-marital affair of the petitioner No. 2, during which the complainant was allegedly assaulted by the petitioner No. 2. Subsequently, the matrimonial dispute between the parties was intervened in by their family members and was amicably settled locally in the year 2018.

4. On the basis of the aforesaid FIR, the police registered Itanagar Women Police Station Case No. 99/2018 under the aforementioned sections. Upon completion of the investigation, charge-sheet was submitted before the Court of the learned JMFC, Yupia vide Charge sheet No.09/2019 dated 30.01.2019.

5. The learned counsel for the petitioners submits that during the pendency of the proceedings, the dispute between the parties, who are the husband and wife, have amicably been resolved and they have entered into a mutual settlement agreement dated 04.02.2026. By the said agreement, both the parties have pardoned each other and agreed to maintain peace, harmony and cordial relations in future, and that no such disputes shall arise between them henceforth. It is further submitted that the deed of mutual settlement was executed by both the parties voluntarily, without any force or coercion, before the Public Notary, Papumpare District, dated 06.02.2026, which is annexed as Annexure-4 to the petition. The learned counsel submits that the complainant (petitioner No.1) has no further grievance against the petitioner No.2 and does not wish to pursue the case any longer. The learned counsel submits that as the dispute was purely matrimonial in nature and has now been amicably settled, the possibility of conviction of the accused is remote if the proceedings are allowed to continue. However, since the offence under Section 498 (A) IPC is non-compoundable, the present application has been filed before this Court seeking setting aside and quashing of the proceedings.

6. Ms. Jini, learned Additional Public Prosecutor has also fairly submitted that since the dispute is in between the wife and husband, which is a matrimonial in nature and under the circumstances, there is no possibility of conviction of the accused person. Therefore, she has no objection to the prayer made by the petitioners considering the settlement of the dispute between the parties.

7. This Court has heard the submissions of the learned counsel for the respective parties and has also gone through the materials placed before this Court.

8. On the agreement of the learned counsel appearing for the parties, this Court has decided to dispose of the matter at the motion stage itself.

9. Although the offence under Sec