Page No.# 1/5 GAHC040019612025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./265/2025 Smti Ninikmai Romat and Anr Daughter of Late K Romat, resident of Sanglang Village, PO and PS Hawai, Anjaw District, Arunachal Pradesh. 2: Boss Lego Age: Occupation : Son of Late Dan Lego resident of Bolung Village PO and PS Roing Lower Dibang Valley District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Adam Tatak, Karge Angu,Tadar Tayum,Tukrin Ligu,Goyi Taba Raju,Tanur Gao,Amy Talom Advocate for the Respondent : P P of AP, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER 28.11.2025 Heard Mr. T. Gao, learned counsel for the petitioners. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent. 2. This application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It has been jointly filed by the informant and the accused, praying for quashing and setting aside of the G.R. Case No. 70/2020 along with the charge-sheet, vide Charge-sheet No. 03/2021 dated 28.02.2021, arising out of Tezu P.S. Case No. 54/2020, registered under Sections 498(A)/506/323 of the IPC, which is pending before the Court of the learned Chief Judicial Magistrate, Tezu. 3. Petitioner No. 1, Smti. Ninikmai Romat, is the informant, and petitioner No. 2, Shri Boss Lego, is the accused in the said case. 4. The facts leading to the filing of the present petition are that the petitioners were married in the year 2019 and their marriage was solemnized under Section 15 of the Special Marriage Act, 1954 on 18.05.2020. However, on 01.11.2020, petitioner No. 1/informant lodged a written FIR against accused/petitioner No. 2 before the Officer-in-Charge, Tezu Police Station, alleging matrimonial discord and domestic violence between the parties. Accordingly, the FIR was registered as Tezu P.S. Case No. 54/2020, under Sections 498(A)/506/323 of the IPC, and investigation commenced. The Investigating Officer thereafter submitted the charge-sheet vide Charge-sheet No. 03/2021 dated 28.02.2021 under the same sections against accused/petitioner No. 2. Consequently, charge was framed under the said Page No.# 3/5 sections and the case is presently pending before the Court of the learned Chief Judicial Magistrate, Tezu, for disposal. 5. Mr. Gao, learned counsel for the petitioners, submits that during the pendency of the trial, the parties amicably settled the matter outside the Court by executing a Deed of Settlement dated 24.04.2024. As per the settlement, the parties agreed to compound the case. Thereafter, petitioner No. 1/informant also instituted a divorce petition against petitioner No. 2/accused before the learned District Judge, Tezu, seeking dissolution of marriage, and the said Court consequently decreed the divorce vide Judgment and Order dated 21.05.2024. Thus, learned counsel submits that as the matter has been amicably settled between the parties and they are now living separately, petitioner No. 1/informant has expressed that she has no further grievance against accused/petitioner No. 2 and does not wish to pursue the matter any further. 6. In view of the facts and circumstances stated above, learned counsel for the petitioners submits that since the matter has been amicably settled and there is no likelihood of conviction, the case against accused/petitioner No. 2 may be quashed by invoking the power under Section 528 of the BNSS. 7. Ms. Hage, learned Additional Public Prosecutor, fairly submits that although the case has been charge-sheeted against accused/petitioner No. 2 and trial has commenced against petitioner No.2 under Sections 498(A)/506/323 of the IPC, considering that the matter has been amicably settled between the parties and that both parties are now living separately, she has no objection if the prayer of the petitioners for setting aside the G.R. Case No. 70/2020, pending before the Court of the learned Chief Judicial Magistrate, Tezu, is allowed. Page No.# 4/5 8. I have heard learned counsel for the petitioners as well as the learned Additional Public Prosecutor and have also perused the record. 9. The present case arose out of matrimonial discord and allegations of domestic violence between the parties. The informant/petitioner No. 1 has stated that she no longer has any grievance against accused/petitioner No. 2, and as the parties are presently living separately, they do not wish to pursue the matter any further. The matter appears to be personal, confined to the family members and does not affect society at large. Given the facts and circumstances of the case, there appears to be only a remote possibility of conviction. In view of the above, continuing the proceedings against the accused person would be a futile exercise and an abuse of the process of law. 10. The Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and Ors. reported in (2019) 5 SCC 688 held that the High Court in exercise of power under 482 of the Code can quashed the criminal proceeding even for non-compoundable offences which are private in nature and do not have serious impact on society on the ground that there is settlement/compromise between the victim and the offender. 11. In light of the principle laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab, reported in[(2012) 10 SCC 303], Narinder Singh v. State of Punjab reported in[(2014) 6 SCC 466], as well as the State of Madhya Pradesh v. Laxmi Narayan (supra), where the Apex Court has permitted quashing of proceedings even in non-compoundable offence in cases involved in private disputes which do not affect the society at large, this Court is of the opinion that this is a fit case, where inherent power under Section 482 of Cr.P.C/Section 528 of BNSS, should be exercised to secure the ends of justice. Page No.# 5/5 12. Accordingly, the proceedings in G.R. Case No. 70/2020 along with the charge-sheet, vide Charge-sheet No. 03/2021 dated 28.02.2021, arising out of Tezu P.S. Case No. 54/2020, registered under Sections 498(A)/506/323 of the IPC, pending before the Court of the learned Chief Judicial Magistrate, Tezu, against the accused, namely Shri Boss Lego (petitioner No. 2), are hereby quashed in the interest of justice. 13. With the above, this criminal petition stands disposed of. JUDGE Comparing Assistant