Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC040010042024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./118/2024 Gobi Doke and 3 Ors Son of Late Margo Doke, a resident of Namey village, PO and PS Nari, Lower Siang District, Arunachal Pradesh 2: Goki Doke Age: Occupation : Son of Late Margo Doke a resident of Namey Village PO and PS Nari Lower Siang District Arunachal Pradesh 3: Gomar Doke Age: Occupation : Son of Late Margo Doke a resident of Namey Village PO and PS Nari Lower Siang District Arunachal Pradesh 4: Smti Miknga Jishi Doke Age: Occupation : Wife of Gobi Doke a resident of Namey Village PO and PS Nari Lower Siang District Arunachal Prades VERSUS The State of AP represented by the PP of AP
Page No.# 2/5 Advocate for the Petitioner : Muk Pertin, Senior Advocate, Mudang Yubbey,Dusu Rillung,Dakjum Riba,Tshering Yangzom Bhutia,Rimo Riba,Karyom Dabi Advocate for the Respondent : P P of AP,
-BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG ORDER (ORAL) 19.06.2025 Heard Mr. R. Riba, learned counsel for the petitioners and Mr. T. Ete, learned Addl. PP for the State. 2. The present petition under Section 482 Cr.P.C., has been jointly filed by the informant and the 3 (three) accused persons seeking quashing of G.R. Case No. 02/2016 arising out of Nari P.S. Case No. 02/2016 under Section 498(A) IPC. 3. The accused petitioner No.1 is the husband of the informant; the accused petitioner No. 2 Shri Gobi Doke and the petitioner No. 3 Shri Gomar Doke are brothers-in-law of the petitioner No. 4, while the petitioner No. 4 Smti. Miknga Jishi Doke is the informant in the above P.S. Case No. 02/2016. 4. The written FIR was lodged on 25.03.2016 by the petitioner No. 4 (informant-wife of petitioner No.1) alleging cruelty and domestic violence against her by the husband (petitioner No.1) and her brothers-in-law (Petitioner Nos. 2 & 3). The case was registered being Nari P.S. Case No. 02/2016 under Section 498 (A) IPC. After completion of investigation the case was charge sheeted. Page No.# 3/5
5. The learned counsel for the petitioners submits that after 3 (three) days of lodging of the FIR, the matter was settled and decided by the Keba (village authority) with the intervention of the elders and relatives of all the parties.
The Keba decided that on the incident day there was only verbal altercation between the wife and husband, however, due to some misunderstanding, the petitioner No. 4 (wife) lodged a written FIR leading to the registration and filing of Charge-Sheet against accused petitioner Nos. 1, 2 & 3. Therefore, the misunderstanding between the parties are settled for the welfare of the family. 6. Subsequently, a deed of settlement of matrimonial dispute was executed amongst the parties on 05.03.2025, wherein, the informant has expressed that the FIR was lodged against her husband and brothers-in- law due to some misunderstanding between her and her husband. She also expressed that she have no further grievances against the accused persons and therefore, she does not want to pursue with the matter any further. 7. After settlement of the dispute before the Keba, the informant- petitioner No. 4 along with 5 (five) Head Gaon Burahs and Gaon Burahs of the village submitted a representation before the Judicial Magistrate, First Class, Nari, seeking withdrawal of the FIR filed by the petitioner No. 4 on the ground that the matter has been compromised and amicably solved between the parties. However, as the offence registered against the accused persons is non-compoundable offence, the same could not be withdrawn. Hence, this petition. 8. The learned Addl. PP fairly submits that since the dispute is matrimonial in nature and has been resolved amicably between the
Page No.# 4/5 husband and wife and the other co-accused persons, the State has no objection to the quashing of the proceedings. 9.
The Hon’ble Supreme Court in the case of Gian Singh-vs-State of Punjab; reported in (2012) 10 SCC 303, and Narinder Singh-vs- State of Punjab; reported in (2014) 6 SCC 466, has held that where the dispute is primarily of a private and personal nature and has been amicably resolved, and where the parties have decided to bury their differences for securing peace and harmony, the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the proceedings to secure the ends of justice. 10. In the instant case, it appears that the informant-wife has lodged an FIR before the Police due to some misunderstanding between her and her husband where she has also implicated her brothers-in-law for commission of domestic violence against her. However, subsequently, the matter has been resolved in the Keba with the intervention of elders and GBs of the village and subsequently, executed the deed of settlement of matrimonial dispute on 05.03.2025. Since the informant has expressed that she has no further grievances against the accused persons, and does not wish to pursue with the matter any further, this Court is of the opinion that no useful purpose will be served by continuing with the trial proceeding of the case against the accused persons as it would only cause unnecessary harassment for both the parties. 11. In view of the above, the G. R. Case No. 02/2016 arising out of Nari P. S. Case No. 02/2016 under Section 498 (A) and all consequential proceedings in connection with the above Police Station case against the accused persons, namely, (1) Shri Gobi Doke; (2) Shri Goki Doke; and
Page No.# 5/5 (3) Shri Gomar Doke, pending before the learned Court of Chief Judicial Magistrate, East Siang District, Pasighat, Arunachal Pradesh are hereby quashed. 12. The petition stands allowed and disposed of. JUDGE Comparing Assistant