Page No.# 1/5 GAHC040016092025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./213/2025 Smti Raken Bomjen Likam Tamin and Anr Wife of Shri Kali Likam Tamin, permanent resident of Lumpo Village, PO and PS Nari, Lower Siang District, Arunachal Pradesh. 2: Kali Likam Tamin Son of Late Tajum Likam Tamin permanent resident of Lumpo Village under Nari Circle Lower Siang District Arunachal Pradesh VERSUS The State of AP through the PP of AP Advocate for the Petitioner : Gedo Kato, Pekyum Tamin,Moses Tangzang Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 19.09.2025 Heard Mr. Pekyum Tamin, learned counsel for the petitioners. Also heard Mr. Token Ete, learned Addl. P.P., Arunachal Pradesh. 2. This is a criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, by the informant petitioner No. 1(wife) and accused petitioner No. 2(husband), praying for quashing and setting aside of the proceedings in G.R. No. 105/2021, arising out of Nari P.S. Case No. 08/2021, Page No.# 2/5 under Sections 498(A)/323/506 of the Indian Penal Code. 3. The brief facts in the present case are that based on the First Information Report(FIR) lodged by the petitioner No. 1(wife) on 14.05.2021, against her husband(petitioner No. 2), inter alia, alleging that she had been subjected to cruelty at the hands of her husband(petitioner No. 2), the above-noted Nari P.S. Case has been registered. Upon completion of the investigation, the I.O. submitted charge-sheet in the case against the petitioner No. 2 for offence under Sections 498(A)/323/506 of the Indian Penal Code and now, the case is pending trial before the learned Court of Chief Judicial Magistrate, Pasighat. 4. It is submitted by Mr. Tamin, learned counsel for the petitioners that during the pendency of the proceedings, both the parties have amicably resolved their disputes by executing a deed of mutual settlement on 16.09.2025, wherein, it has been stated that since the matter has been amicably resolved between the parties in the presence of their relatives as both of them, after the incident, had been living together as wife and husband and they have no further animosity and differences. 5. Mr. Tamin, learned counsel for the petitioners, has submitted that since the matter has been amicably resolved between the parties, the informant petitioner No. 1(wife) has no further grievance against the accused petitioner No. 2 (husband) and the petitioner No. 1(wife) does not want to pursue the matter any further. 6. In the light of the above, Mr. Tamin, learned counsel for the petitioners, has submitted that since both the parties have amicably resolved their disputes, as such, there is no chance of conviction of the accused petitioner No. 2(husband) in Page No.# 3/5 the trial. The learned counsel for the petitioners, has, therefore, prayed for quashing and setting aside of the proceedings in G.R. No. 105/2021, arising out of Nari P.S. Case No. 08/2021, under Sections 498(A)/323/506 of the Indian Penal Code. 7. On the other hand, Mr. Ete, learned Addl. P.P., Arunachal Pradesh, has submitted that the dispute is purely matrimonial in nature and has been amicably settled between the parties. Since there is no likelihood of conviction in the case, he has no objection to the prayer made by the petitioners for quashing the proceeding. 8. I have heard the learned counsels for both sides and also perused the available record. 9. It is evident that the dispute is between wife and the husband, and both parties have settled their differences through a compromise deed. The informant petitioner No. 1(wife) has clearly stated that she does not wish to proceed further with the case. 10. Since the matter arises out of a matrimonial dispute and does not have any significant impact on society at large, continuing with the criminal trial before the learned Chief Judicial Magistrate, Pasighat, would amount to an exercise in futility and an abuse of the process of law. 11. It is pertinent to note that the Hon’ble Supreme Court, in a catena of decisions, has held that in cases involving matrimonial disputes and other family matters, the High Court, in exercise of its inherent power under Section 482 of the Code of Criminal Procedure, 1973[corresponding to Section 528 of the Page No.# 4/5 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023], can quash the criminal proceedings if the matter has been amicably settled and such quashing would serve the ends of justice. 12. In this regard, the notable judgments of the Hon’ble Supreme Court include: (i). Gian Singh v. State of Punjab & anr., reported in (2012) 10 SCC 303, wherein the Court held that the High Court can quash criminal proceedings in cases that are overwhelmingly or predominantly civil in nature, particularly matrimonial disputes, when the parties have resolved their dispute amicably. (ii). Narinder Singh & ors. v. State of Punjab & anr., reported in (2014) 6 SCC 466, wherein it was held that in cases essentially of a private nature, where the possibility of conviction is remote, proceedings may be quashed to promote harmony. (iii). B.S. Joshi v. State of Haryana, reported in (2003) 4 SCC 675, wherein the Court observed that in matrimonial disputes, if the parties have settled their differences, there is no justification in continuing the criminal proceedings. 13. In view of the facts and circumstances of the case, the law laid down by the Hon’ble Supreme Court, and the settlement arrived at between the parties, this Court is satisfied that allowing the proceedings to continue would serve no fruitful purpose and would amount to an abuse of the process of law. 14. Accordingly, the criminal proceedings in G.R. No. 105/2021, pending before the learned Court of the Chief Judicial Magistrate, Pasighat, arising out of arising out of Nari P.S. Case No. 08/2021, under Sections 498(A)/323/506 of the Indian Page No.# 5/5 Penal Code, against the accused petitioner No. 2(husband), namely Shri Kali Likam Tamin, are hereby quashed. 15. In terms of the above, the instant joint petition filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, stands allowed and disposed of. JUDGE Comparing Assistant