Page No.# 1/4 GAHC040006242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./79/2025 Smti Tatung Mami and Anr Wife of Shri Tatung Tanu, resident of Chandranagar, Opposite Chandranagar Petrol Depot, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 2: Tatung Tanu Age: Occupation : Son of Shri Tatung Tagang resident of Chimpu Hollongi Trijunction near Tempo Stand PO and PS Itanagar Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tsering Gyatso, Tayom Gamoh,Logsang Yountan,Dejum Tally,Tshering Yangzom Bhutia Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 17.06.2025 Heard Mr. T. Gyatso, learned counsel for the petitioners and Mr. T. Ete, learned Addl. Public Prosecutor for the State of Arunachal Pradesh. Page No.# 2/4 2. The present joint petition is filed by the informant-wife and the accused- husband, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the G.R. Case No.613/2021, arising out of Itanagar Women P.S. Case No.86/2021, under Sections 498A/427/494/323 of the IPC, presently pending before the Court of the learned Judicial Magistrate First Class, Yupia. 3. The petitioner No.1, Smti Tatung Mami is the informant-wife, while the petitioner No.2 Shri Tatung Tanu is the accused-husband in the aforesaid G.R. Case No.613/2021. 4. The case of the petitioners is that on 17.07.2021, a written FIR was lodged by the informant (petitioner No.1) against her accused husband (petitioner No.2) alleging, inter alia, for causing mental and physical harassment upon her. 5. Based on the above FIR, the aforesaid Itanagar Women P.S. Case No.86/2021 was registered under Sections 498A/427/494/323 of the IPC and investigated into. 6. Upon completion of the investigation, the Police laid Charge-sheet against the accused, petitioner No.2 for offence under Sections 498A/427/494/323 of the IPC. The learned Magistrate, after taking cognizance of the case framed charges against the accused, petitioner No.2 for the offence under Sections 498A/427/494/323 IPC and the trial is pending. 7. It is submitted that during the pendency of the trial proceedings, with the intervention of elders and relatives, both the parties (husband and wife) have amicably resolved their matrimonial dispute by executing a Deed of Settlement Agreement dated 07.04.2025. The Deed of Settlement Agreement records that the informant-wife has no further grievance against the accused husband and Page No.# 3/4 she does not wish to pursue the matter any further. However, since the offence charged against the accused husband is a non-compoundable offence, therefore, the parties have filed the present application seeking quashing of the proceedings. 8. The learned Addl. Public Prosecutor fairly submits that in view of the settlement arrived at between the husband and wife, who are the parties to the matrimonial dispute, the State has no objection to the quashing of the proceedings. 9. I have heard and considered the submissions of the learned counsel for the parties. I have also perused the records produced before this Court. 10. The learned counsel for the parties has relied upon the following decisions of the Hon’ble Supreme Court: (i) The Hon’ble Supreme Court in the cases of Gian Sing V. State of Punjab, reported in (2012)10 SCC 303, and (ii) Narinder Singh V. State of Punjab, reported in (2014) 6 SCC 466, wherein, it has been held that in the cases arising from matrimonial discord or family disputes, where the parties have resolved their differences amicably, the High Court is justified in quashing the criminal proceedings in exercise of its inherent powers to secure ends of justice. 11. In the instant case, it appears that the informant-wife (petitioner No.1) lodged the written FIR before the police against her husband (petitioner No.2) for mental and physical harassment due to some serious misunderstanding between them. However, subsequently, the matter has amicably been resolved and executed a Deed of Settlement Agreement, wherein the wife has clearly stated that she has no further grievance against the accused-husband and she Page No.# 4/4 does not wish to pursue with the matter any further. Under the circumstances, continuation of the proceedings would cause unnecessary harassment and a futile exercise, as there is a minimal chance of conviction of the alleged accused person. 12. In view of the above decisions of the Hon’ble Supreme Court and considering the facts and circumstances of the present case, and also, since the dispute having been arisen out of a matrimonial discord, which has, now, amicably been settled between the parties, this Court is of the considered opinion that G.R. Case No.613/2021, arising out of Itanagar Women P.S. Case No.86/2021, under Sections 498A/427/494/323 of the IPC, pending before the Court of the Judicial Magistrate First Class, Yupia needs to be quashed and set aside in the interest of justice. 13. Accordingly, the G.R. Case No.613/2021, arising out of Itanagar Women P.S. Case No.86/2021, under Sections 498A/427/494/323 of the IPC, pending before the Court of the learned Judicial Magistrate First Class, Yupia against the accused Shri Tatung Tanu, is hereby quashed. 14. With the above, the criminal petition stands allowed and disposed of Return the record. JUDGE Comparing Assistant