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 heinous or against society, to prevent abuse of the legal process and ensure the ends of justice.

JUDGMENT :

ANJAN MONI KALITA, J.

Heard Mr. H. T. Tara, learned counsel for the petitioners. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State.

2. The instant criminal petition has been filed jointly by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for quashing and setting aside of the FIR dated 24.01.2026, registered as Itanagar Women P.S. Case No.05/2026, corresponding to GR Case No.63/2026, registered under Sections 85/79/351(2) of BNS, 2023, on the basis of the settlement arrived at between the parties.

3. The facts of the case, in brief, are that the petitioner No.1, who is the wife of the petitioner No.2 lodged an FIR dated 20.01.2026, before the Officer-in- Charge, Women Police Station, Itanagar, alleging that the accused, her husband has subjected her to continuous mental and physical cruelty, including assault, intimidation and use of abusive and derogatory language. It is alleged in the FIR that the accused assaulted her with a dao in the year 2023 and again attempted to kill her on 06.12.2025. It is further alleged that due to fear for her life, she left her matrimonial home on 26.12.2025. The informant (petitioner No.1) has also alleged that the accused, in connivance with his family members, is conspiring to cause her harm and was searching for her.

4. On the basis of the aforesaid FIR, the police registered Itanagar Women P.S. Case No. 05/2026 under Sections 85/79/351(2) of the BNS, 2023. However, the charge-sheet has not yet been filed.

5. Mr. Tara, learned counsel for the petitioners submits that the petitioner No.2 is innocent and has been falsely implicated in the FIR dated 24.01.2026, which was lodged due to matrimonial discord, misunderstanding, and momentary marital friction between the husband and wife, and that no offence, as alleged, is made out. He further submits that petitioner No.1 and petitioner No.2 are legally wedded spouses and out of the wedlock, they have four major children. Mr. Tara also submits that the parties have lived together for more than 25 years and with the intervention of family members, relatives, and their adult children, the parties have amicably settled their disputes and executed a settlement agreement vide Deed of Agreement dated 28.04.2026. Pursuant thereto, they have agreed to resume cohabitation, forgive all past grievances, and maintain peaceful matrimonial relations. It is also submitted that both the petitioners have no grievance against each other and they no longer wish to pursue the case any further.

6. Learned counsel submits that the continuation of the present criminal proceedings would amount to abuse of the process of law, as the substratum of the dispute no longer survives. It is submitted that the continuation of trial in a purely private and matrimonial dispute would serve no fruitful purpose and would only result in unnecessary hardship and prejudice to the parties, particularly petitioner No.2. It is further submitted that in view of the settled position of law that matrimonial disputes which have been amicably resolved between the parties can be quashed to secure the ends of justice, this Hon’ble Court may be pleased to exercise its inherent powers under Section 528 of the BNSS, 2023 and quash the FIR No. 05/2025 dated 24.01.2026 registered at Itanagar Women Police Station, and all subsequent proceedings arising therefrom.

7. Mr. G. Tado, learned Additional Public Prosecutor for the State, submits that since the matter is between the w