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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Rinchin Drema, Daughter of Sangey Wangchu – Appellant
Versus
State of Ap Represented By The Pp Of Ap – Respondent
| Table of Content |
|---|
| 1. establishing the factual background and procedural history of the criminal case. (Para 1 , 2 , 3 , 4) |
| 2. submission of amicable settlement and mutual request for quashing proceedings. (Para 5 , 6 , 7) |
| 3. guidelines for quashing non-compoundable offences under section 528 bnss/section 482 crpc. (Para 8 , 9 , 10) |
| 4. application of judicial precedent to determine if criminal continuation constitutes process abuse. (Para 11 , 12) |
| 5. formal order quashing the fir and charge-sheet based on the settlement. (Para 13 , 14) |
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 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 ....
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 may exercise its inherent powers to quash criminal proceedings for non-compoundable offences when the dispute is private in nature, lacks heinous elements, and the parties have reached....
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.
Inherent powers under Section 528 BNSS should not quash heinous offences like rape on mere compromise; courts must scrutinize genuineness, terms, timing, and circumstances to prevent abuse or premium....
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