The High Court may exercise its inherent powers under Section 528 of the BNSS to quash non-compoundable criminal proceedings arising from private matrimonial disputes if the parties have reached an amicable settlement and the offences are not heinous or serious in nature.

ORDER

Heard Mr. T. Gyatso, learned counsel, appearing for the petitioners. Also heard Ms. T. Jini, learned Addl. P.P., representing the State respondent.

2. The petitioners have jointly filed the instant petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for quashing and setting aside of the GR Case No. 272/2017 and subsequent Charge-Sheet No. 09/2018 dated 05.03.2018, arising out of Itanagar Women P.S. Case No. 44/2017, registered under Sections 498A /417/427/494/323 of the IPC, presently pending before the Court of the Judicial Magistrate First Class at Nagarlagun, Yupia, Papumpare.

3. The petitioner no. 1 (the ex-wife of petitioner no.2), had lodged an FIR on 12.05.2017 against the petitioner no. 2, alleging therein that in the month of July, 2015, the petitioner no. 2 proposed the informant for marriage; that accordingly, the informant accepted his marriage proposal and started living together as husband and wife; that after several months, the petitioner no. 2 started cheating with the informant with other girls; that on 24.04.2016, the petitioner no. 2 physically assaulted the informant when she raised objection for having affair with other girls; that subsequently, the petitioner no. 2 assaulted her and she sustained injury and had to undergo treatment at NEIGRIMS, Shillong for torn ear membrane; that furthermore, the petitioner no. 2 also destroyed the household articles such as TV, Mobile Phone and Car.

4. On receipt of the said FIR, a case being Itanagar Women Police Station Case No. 44/2017 was registered, under Sections 498A /417/427/494/323 of the IPC. The police, on conclusion of the investigation, submitted a Charge-sheet being Charge-sheet No. 09/2018 dated 05.03.2018, under Sections 498A / 417/427/494/323 of the IPC, which is pending before the Court of learned Judicial Magistrate First Class, Naharlagun.

5. It is stated by the petitioners that the FIR dated 12.05.2017 was a result of temperamental differences and misunderstanding that arose between the petitioners on account of alleged extramarital affairs 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 separate life. It is also stated that the petitioners had previously entered into a settlement dated 02.11.2017; however, the same was not notarized and executed in accordance with the legal requirements. It is stated that the petitioners to reaffirm and execute the settlement agreement to give it full legal authority, have entered into a Settlement Agreement again on 01.05.2026 to settle the matter between themselves, wherein the petitioner no. 1 has undertaken not to pursue the case against the petitioner no. 2 any further. It is submitted that pursuant to the settlement, the parties have decided they shall part ways and live separately in their own term and shall not interfere in each other’s life in future. The aforesaid Deed of Settlement dated 01.05.2026 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