The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences when the dispute is private in nature, lacks serious societal impact, and the parties have reached an amicable settlement, rendering the continuation of the prosecution an abuse of the process of law.

ORDER :

ANJAN MONI KALITA, J.

Heard Mr. T. Gyatso, 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 Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, praying for setting aside and quashing of GR. Case No.02/2024 and subsequent Charge-sheet No.01/2024 dated 27.08.2024, arising out of Tawang Women P.S. Case No.01/2024, registered under Sections 354(C)/292(A)/500 of the IPC read with Sections 66(E)/67/67(A) of the IT Act, pending before the Court of the learned Judicial Magistrate First Class, Tawang, Arunachal Pradesh, on the basis of the settlement arrived at between the parties.

3. The brief facts of the case leading to the registration of the FIR dated 18.01.2024 is that the complainant (petitioner No.1) came into contact with the accused (petitioner No. 2) in the year 2022 while she was working as a casual paid labour under 125 RCC, GREF, Khrimu, where the petitioner No.1 was working as a Mistry. During the said period, the petitioner No.2 obtained the mobile number of the complainant and frequently contacted her. Thereafter, he developed a relationship with the complainant by concealing his marital status. It is alleged in the FIR that in January, 2023, the complainant came to know that the petitioner No.2 was already married to Smti. Kunsang Lhamu, whereafter the matter was brought before the Gaon Burah (GB), Khrimu and was settled amicably. It is further alleged that on 17.01.2024, the petitioner No.1 came to know that an obscene video of her, recorded during the said relationship, was being circulated on social media/WhatsApp groups. It is alleged that the petitioner No.2 circulated the said video with the intention to defame and humiliate her. It is stated that the said video was circulated in the WhatsApp group namely Wel Come to Ling Room and was forwarded from mobile number 7303337686. On enquiry, one Mr. Sonam Dargey of Seru village informed the complainant that he had received the said video from another WhatsApp group. Accordingly, she lodged the FIR against the petitioner No.2 and other unknown persons involved in forwarding the said video.

4. On receipt of the aforesaid FIR, the police registered a case vide Tawang Women P.S. Case No. 01/2024 dated 18.01.2024 under the aforesaid Sections. Thereafter, the matter was investigated into and upon completion of investigation, the Investigating Officer submitted the charge-sheet vide Charge- sheet No. 01/2024 dated 27.08.2024 under Sections 354(C)/292(A)/500 IPC read with Sections 66(E)/67/67(A) of the IT Act, which is pending before the Court of the learned Judicial Magistrate First Class, Tawang.

5. Mr. Gyatso, learned counsel for the petitioners submits that although the police have filed the charge-sheet, the petitioners have realised that the matter ought not to be prosecuted further as the parties are presently residing peacefully in the same locality and the criminal proceedings arose due to a misunderstanding. It is further submitted that the video in question was recorded consensually by the petitioners and the device used for recording the same was damaged and was not in the possession of the petitioner No.2. It is also submitted that the petitioner No.2 had no knowledge regarding circulation of the said video and came to know about the same only through his friend.

6. Learned counsel further submits t