High Courts may exercise inherent powers under Section 528 of the BNSS to quash non-compoundable criminal proceedings in matrimonial disputes if the parties have amicably settled, provided the offences are not heinous or serious crimes against society.

ORDER

1. Heard Mr. T. Tayum, learned counsel appearing for the petitioners and Ms. L. Hage, learned Additional Public Prosecutor for the State.

2. The instant criminal petition has been filed jointly by the petitioners, under Section 528 of the BNSS, 2023, praying for setting aside and quashing of the FIR No.0030 dated 19.04.2018, registered as Itanagar Women P.S. Case No. 30/2018 under Sections 498(A)/323 of the IPC and connected Charge-Sheet No. 18/2018, dated 25.05.2018.

3. The petitioner No. 1 is the accused (husband) and the petitioner No. 2 is the victim (wife) in the aforementioned Police Station Case.

4. The brief facts of the case leading to the registration of the FIR is that on 19.04.2018 at about 04:20 hours, an altercation arose between petitioner No.1 (husband) and petitioner No.2 (wife) at their matrimonial home owing to prolonged financial constraints, mental stress and growing misunderstandings between them. It is submitted that during the period 2017-2018, the petitioners were undergoing considerable hardship, which adversely affected their emotional stability and marital harmony, leading to frequent verbal altercations over trivial issues. On the date of the incident, petitioner No.1, who was unable to sleep properly due to stress and frustration, entered into a heated argument with petitioner No.2. In the course of the said altercation, petitioner No.1 pushed petitioner No.2, as a result of which she sustained minor and simple injuries. There was no intention on the part of petitioner No.1 to cause any grave harm. However, acting under momentary anger and emotional distress, petitioner No.2 lodged an FIR on the same day before the Itanagar Women Police Station against petitioner No.1, which led to the registration of the present case.

5. Consequent upon the said incident, Itanagar Women P.S. Case No. 30/2018 was registered under Sections 498(A)/323 of the IPC. During the course of investigation, petitioner No.1 was arrested, however, considering the nature of the dispute and the subsequent change in circumstances, he was later released on bail upon an application moved with the consent and support of petitioner No. 2 (complainant/wife), who expressed her unwillingness to pursue the matter further. Upon completion of investigation, Charge Sheet No. 18/2018 dated 25.05.2018 was submitted before the learned Court of Judicial Magistrate First Class, Yupia, Papumpare District, Arunachal Pradesh. The learned Trial Court has taken cognizance of the matter and the case is presently pending at the stage of consideration of charge.

6. Mr. Tayum, learned counsel for the petitioners submits that the entire dispute is purely matrimonial in nature, arising out of a sudden domestic quarrel between husband and wife, without any element of premeditation, cruelty of a grave nature or criminal intent. It is further submitted that petitioner No.1 and petitioner No.2 are legally wedded spouses, whose marriage was solemnised as per the prevailing customary practices of the Adi community and out of their wedlock they have one minor daughter. It is submitted that in the interest of their child and for preservation of their family, both parties, with the intervention of elders, relatives as well as well-wishers, have amicably resolved all their disputes and differences and have resumed cohabitation. The petitioners are presently living together under the same roof and are leading a peaceful and harmonious matrimonial life.

7. Mr. Tay