Page No.# 1/4 GAHC040016362024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./203/2024 Tagru Punung and 2 Ors Son of Tagru Takaf, a resident of Chimpu near VKV School, PO RK Mission, PS Chimpu, Papum Pare District, Arunachal Pradesh. 2: Smti Oimang Pertin Tagru Age: Occupation : Wife of Shri Tagru Punung resident of Chimpu near VKV School PO RK Mission PS Chimpu Papum Pare District Arunachal Pradesh. 3: Smti Marchina Boria Age: Occupation : Wife of Shri Tagru Punung resident of Chimpu near VKV School PO RK Mission PS Chimpu Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Arup Bhatttacharjee, D ZIrdo,G T Sangma Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.01.2025 1. Heard Mr. A. Bhattacharjee, learned counsel for the petitioners. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. This joint application under Section 528 of the BNSS, 2023 has been filed by the petitioners praying for setting and quashing the proceedings of GR No. 849/2017 under Sections 498(A)/323/494/34 of the Indian Penal Code. 3. The facts relevant for consideration of the instant criminal petition, in brief, are as follows:- (i) That on the basis of an FIR filed by the petitioner No. 2 against the allegations of cruelty and some other allegations made therein against the petitioner Nos. 1 and 3, Itanagar Women Police Station Case No. 121/2017 was registered under Sections 498(A)/323/494/34 of the Indian Penal Code and the investigation was initiated. Ultimately, on completion of the investigation, charge-sheet was laid against the petitioner Nos. 1 and 3 under Sections 498(A)/494/323/34 of the Indian Penal Code. 4. The learned counsel for the petitioners has submitted that the petitioner No. 2 had lodged the FIR due to matrimonial dispute and misunderstanding with the other petitioners and now they have amicably settled the said dispute. 5. It is also submitted that in view of the settlement, a deed of settlement has also been executed between the parties on 04th of November, 2024 and the victim as well as the informant does not want to pursue with the criminal case filed Page No.# 3/4 against the petitioner Nos. 1 and 3. 6. It is also submitted by the learned counsel for the petitioners that all the three petitioners are now staying together and there is no enmity between them. He submits that under the facts and circumstances, as the matter involves dispute amongst the family members and the dispute is in the nature of family dispute which has already been settled, this is a fit case where this Court may exercise powers under Section 528 of the BNSS, 2023 for quashing the proceeding of Itanagar Women Police Station Case No. 121/2017 (GR No. 849/2017) presently pending in the Court of learned JMFC, Yupia. In support of his submissions, learned counsel for the petitioners has cited a ruling of the Supreme Court of India in the case of “State Of Madhya Pradesh -Vs- Laxmi Narayan” reported in “(2019) 5 SCC 688”. 7. On the other hand, the learned Additional Public Prosecutor has fairly submitted that considering the nature of dispute involved in this case and the fact that the matter has been amicably resolved between the parties, she has no objection if the relief prayed for is granted to the petitioners. 8. I have considered the submissions made by the learned counsel for both the parties and have gone through the materials available on record. 9. As the dispute due to which the present criminal case was registered arose out of family disputes between the parties which has been amicably settled by the parties themselves thereby resolving all the dispute amongst them, hence, in view of the guidelines laid down by the Apex Court in Paragraph No. 15.1 in the case of “State Of Madhya Pradesh -Vs- Laxmi Narayan” (supra), this Court is of considered opinion that this is a fit case where the relief prayed for by the petitioners in this criminal petition may be granted. Page No.# 4/4 10. Page No.# 4/4 10. Accordingly, by invoking the powers under Section 528 of BNSS, 2023, the criminal proceeding of GR No. 849/2017 arising out of Charge-sheet No. 73/2018 corresponding to Itanagar Women Police Station Case No. 121/2017 under Sections 498(A)/323/494/34 of the Indian Penal Code is hereby quashed. 11. This criminal petition is accordingly disposed of. JUDGE Comparing Assistant