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 offence is not heinous or serious in nature and does not have a serious impact on society.

ORDER

Heard Mr. B. J. Koyu, learned counsel appearing for the petitioners and Ms. L. Hage, learned Additional Public Prosecutor for the State.

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 dated 28.01.2017, registered as Itanagar Women P.S. Case no. 13/2017 under Sections 498(A)/326(B) of the IPC and connected charge-sheet No. 19/2017, dated 21.03.2017 in G.R. Case No. 62/2017.

The petitioner No. 1 is the accused (husband), the petitioner No. 2 is the informant and the petitioner No. 3 is the victim (wife) in the aforementioned G. R. Case No. 62/2017.

The brief facts of the case leading to the registration of the FIR is that on 27.01.2017 at about 9:00 p.m., an altercation took place between petitioner No.1 (husband) and petitioner No.3 (wife) at their matrimonial home situated at DFO Colony, Banderdewa, arising out of a domestic dispute relating to sharing of maintenance and issues pertaining to the conduct of petitioner No.3. It is alleged that during the said incident, petitioner No.3, who was under the influence of alcohol, picked up a quarrel with petitioner No.1 and attempted to assault him with a knife while he was holding their minor child. In the course of self-defence, petitioner No.1 pushed petitioner No.3, as a result of which she fell and came into contact with a utensil containing hot water, thereby sustaining burn injuries. Subsequently, petitioner No.2, who is the brother of petitioner No.3, lodged an FIR dated 28.01.2017 alleging commission of offences against petitioner No.1, on the basis of which the present case was registered and the injured was taken for medical treatment at State Hospital, Naharlagun.

Consequent upon the said incident, Itanagar Women P.S. Case No. 13/2017 was registered under Sections 498(A)/326(B) of the IPC. The matter was investigated and upon completion of investigation, Charge Sheet No. 19/2017 dated 21.03.2017 was submitted before the learned Court of Judicial Magistrate First Class, Capital Complex, Yupia. The learned Magistrate, after taking cognizance vide order dated 23.09.2023, proceeded with the case and thereafter, at the stage of consideration of charge, the learned Trial Court by order dated 16.05.2024 framed charges against petitioner No.1 under the aforesaid sections. The case is presently pending at the stage of recording of prosecution evidence and is fixed on 05.05.2026.

Mr. Koyu, 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 and does not involve any element of criminal intent or premeditated act. It is further submitted that petitioner No.1 and petitioner No.3 are legally wedded spouses and have six children from their marriage and in order to secure the welfare and future of their children, the parties have amicably resolved all their differences. Learned counsel submits that with the intervention of elders and family members, the parties have buried their past differences and have resumed cohabitation, leading a peaceful and harmonious family life.

Mr. Koyu, learned counsel for the petitioners further submits that the petitioner No.2 (complainant) as well as petitioner No.3 (victim) have consciously and voluntarily expressed that they have no further grievance against petitioner No.1 and are not interested in continuing with the case. In this regard, the parties have executed written Deeds of Mutual Settlement dated 29.11.2025, clearly recording that the dispute was settled long back in the year 2017 itself through family intervention, as per Nyishi traditional customs and that they, now, do not wish to pursue the criminal proceedings any further. It is submitted that the said settlement is genuine, voluntary and free from any coercion, undue influence or pressure.

Mr. Koyu, learned counsel for the petitione