Page No.# 1/3 GAHC040004752025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./64/2025 Tarh Yakak Charu and Anr Wife of Shri Charu Akey, permanent resident of Village Meer, PO and PS Palin, Kra Daadi District, Arunachal Pradesh. 2: Mrs Kipa Nargish Charu Age: Occupation : Wife of Shri Charu Akey permanent resident of Palin PO and PS Palin Kra Daadi District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tayum Son, Nabam Taro Advocate for the Respondent : P P of AP, BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY ORDER 01.05.2025 Heard Mr. T Torum, learned counsel for the petitioners. Also heard Mr. T Page No.# 2/3 Ete, learned Additional PP, Arunachal Pradesh. 2. This is an application filed under Section 528 of the BNSS, 2023 praying for setting aside and quashing the criminal proceeding of Papu Hill Police Station Case No. 99/2024 under Section 126(2)/304(2)/281/117(2)/3(5) of BNS. 3. In the F.I.R. it is disclosed that the petitioner No. 1 is the informant, who lodged the FIR against the petitioner No. 2. Both the petitioners are wives of one Sri Saru Akey and out of family related dispute, the instant FIR was filed. 4. This present petition is jointly filed by the informant and the accused person, on the ground that they have amicably settled the matter. It is also on record that the petitioners have amicably settled vide deed of mutual agreement dated 01.03.2025. Accordingly, it is contended that as the complainant and the accused had settled the matter amicably between them and therefore, this court in exercise of power under Section 528 of BNSS should quash the criminal prosecution inasmuch as the offences charged are not compoundable under the provision of BNSS. 5. The power under Section 528 of BNSS, 2023 is an inherent power and such inherent power can be exercised to quash a criminal proceeding or a criminal complaint but while doing so the court is to follow certain principles. Such power can be exercised, amongst others, when the offences alleged are overwhelmingly and predominantly civil in character or when such dispute arises out of matrimonial relationship or family disputes and the parties have resolved the entire disputes amongst themselves. While exercising such directory power it is to be seen that Page No.# 3/3 such offences if compromised shall not affect the society at large. 6. In the FIR the primary allegation is blocking of the vehicle of the petitioner No. 1 by two ladies and snatching of Rs. 14,000/-. Though there are allegation of some injury, however, perusal of the material available on the record, it is seen that the nature of allegation cannot be said to be heinous and very serious. From the complaint, it is also seen that both the petitioners have also resolves to stay with their husband, who will provide equal love and affection to each other. In the aforesaid backdrop, the dispute, in the opinion of this court, is relatable to internal family dispute and that quashment of the same shall not have any impact on the society at large. 7. Therefore, in the considered opinion of this court, as the parties have amicably resolved the disputes and that the offences arises out of matrimonial relation and also that if the offences are allowed to be compounded that will have no serious impact on the society, the power under Section 528 of BNSS can be exercised in the given facts of the present case. 8. Accordingly, this petition is allowed by setting aside and quashing the criminal proceeding of Papu Hill Police Station Case No. 99/2024 under Section 126(2)/304(2)/281/117(2)/3(5) of BNS. JUDGE Comparing Assistant