Page No.# 1/3 GAHC040004732025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./62/2025 Yangbiu Takik and Anr Son of Late Yangbiu Tadik, resident of Lower E Sector, Near I G Park, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh 2: Smti Megha Basumatary Age: Occupation : Daughter of Late Phonidar Basumatary resident of Vivek Vihar H Sector Itanagar Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Chorpok Modi, Wanglat Khomrang,Tadar Bai,Nannu Yubi,Tame Rimi,Bomyom Ori,Maji Dui,Uttam Deka Advocate for the Respondent : P P of AP, BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY ORDER 01.05.2025 Page No.# 2/3 Heard Ms. T Rimi, learned counsel for the petitioners. Also heard Ms. L Hage, 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 GR case No. 444/2021 arising of ITA WPS Case No. 65/2021 under Section 498(A)/506 IPC pending before the Court of learned Chief Judicial Magistrate, Yupia. 3. The petitioner Nos. 1 and 2 in this petition are husband and wife. The F.I.R. was lodged by the wife (petitioner No. 2) against the accused husband (petitioner No. 1). From the FIR, it is disclosed that they were married in the year 2006 and have no children together. However, the petitioner No. 2 has two adult children from a prior relationship. Subsequently, differences arose between them due to trivial matters, parenting issues and disputes concerning petitioner No.2’s sons, which ultimately lead to breakdown of their conjugal life and accordingly, petitioner No. 2 lodged the FIR alleging cruelty and threats by the petitioner No. 1. 4. This present petition is jointly filed by the informant and the accused person, who are husband and wife, on the ground that they have amicably settled the matter. It is also on record that the petitioners have amicably settled vide settlement deed dated 26.03.2025 and it is disclosed that out of misunderstanding, the petitioner No. 2 lodged the FIR against the petitioner No. 1. 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 Page No.# 3/3 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 such offences if compromised shall not affect the society at large. 6. 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. 7. Accordingly, this petition is allowed by setting aside and quashing the criminal proceeding being GR case No. 444/2021 arising of ITA WPS Case No. 65/2021 under Section 498(A)/506 IPC pending before the Court of learned Chief Judicial Magistrate, Yupia. JUDGE Comparing Assistant