The High Court can exercise inherent powers under Section 528 of the BNSS to quash non-compoundable criminal proceedings in private matrimonial disputes when the parties have amicably settled their differences, as continuing such proceedings would be an abuse of the process of law.

ORDER

Date : 12.05.2026

Heard Mr. T. Tagum, learned counsel, appearing for the petitioners. Also

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heard Ms. T. Jini, learned Addl. P.P., representing the State respondent.

2. The petitioners, who are the husband and wife, have jointly filed the instant

petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,

praying for quashing and setting aside of the Charge-sheet No. 132/2021, dated

13.10.2021, in Itanagar Women Police Station Case No. 63/2021, under Sections

498A/494/323 IPC, arising out of FIR dated 22.05.2021, corresponding to GR Case

No. 427/2021, presently pending before the Court of the Judicial Magistrate First

Class at Nagarlagun, Papumpare.

3. The petitioner no. 1, a mother of four children, had lodged an FIR on

22.05.2021 against the petitioner no. 2, alleging therein that the petitioner no. 2

used to subject her to mental and physical cruelty for several years and had been

tolerating the same for the sake of her children. She further alleged that on the date

of occurrence, at about 6:00 PM, the petitioner no. 2 taunted and misbehaved with

her while she was proceeding towards her brother’s residence and allegedly chased

and threatened her near the residence of a neighbor. It was further alleged that

upon her return at about 6:30 PM, the petitioner again attempted to catch and

manhandle her and tried to drag her inside a room. During the alleged altercation

and scuffle, the informant sustained injuries after being slammed onto the concrete

floor. The informant also alleged that the petitioner had earlier threatened her by

showing firearms and she apprehended danger to her life.

4. On receipt of the said FIR, a case being Women Police Station Case No.

63/2021, under Sections 498A /494/323 IPC, was lodged. The police on conclusion

of the investigation, submitted a Charge-sheet being Charge-sheet No. 132/2021

under G.R. Case No. 427/2021, under Sections 498A /494/323 of the IPC. The case

is now pending before the Court of learned Judicial Magistrate First Class,

Naharlagun.

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5. It is stated by the petitioners that the FIR dated 22.05.2021 was a result of

differences and misunderstanding that arose between the petitioners on account of

alleged second marriage and now all differences between the petitioners has been

settled for the welfare of the family on the intervention of family members and

elders of both the petitioners and are, presently leading a peaceful family life. In

this connection, the petitioners have executed a Deed of Settlement on 07.05.2026,

declaring that they have agreed to live together peacefully and maintaining their

matrimonial relationship without any differences and without feeling of any

acrimony between them and thereby, have resolved that the criminal proceeding

pending against the petitioner no. 2 shall not be pursued by the petitioner no. 1.

The aforesaid Deed of Settlement dated 07.05.2026 has been brought on record by

the petitioners by annexing it as Annexure-4 to the petition.

6. The Sections involved being non-compoundable under Section 359 of the

BNSS, the petitioners have jointly instituted the present proceedings praying for

quashing of the criminal proceeding now pending against the petitioner no. 2.

7. Mr. T. Tagum, learned counsel for the petitioners by reiterating the facts as

narrated herein above, has submitted that the institution of the FIR dated

22.05.2021 was an action taken by the petitioner no. 1 in the heat of the moment

witho