Page No.# 1/5 GAHC040013982026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./256/2026 Smti Jabme Potom Daughter of Shri Sejab Kayi, resident of Industrial Colony, Aalo, PO and PS Aalo, West Siang District, Arunachal Pradesh. 2: Smti Liter Bole Riba Wife of Shri Chimar Riba resident of Hiker Gumin Aalo PO and PS Aalo West Siang District Arunachal Pradesh. 3: Likik Bole Son of Late nali Bole permanent resident of Bole Village under Liromoba Circle of West Siang District Arunachal Pradesh. 4: Mipe Bole Son of Shri Dammi Bole permanent resident of Germe PO and PS Likabali Lower Siang District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Pekyum Tamin, Moses Tangzang Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 26.08.2026 Heard Mr. Pekyum Tamin, learned counsel for the petitioners. Also heard Ms. Topi Jini, learned Addl. Public Prosecutor, Arunachal Pradesh. 2. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been jointly filed by the informant/petitioner No. 1 and the accused persons/petitioner Nos. 2, 3 & 4, praying for quashing and setting aside Page No.# 2/5 of the charge-sheet No. 108/2025 dated 25.09.2025 in Aalo P.S. Case No. 54/2025 under Sections 332(C)/333/324(4)/310(2) of the Bharatiya Nyaya Sanhita, 2023, and further proceedings in G.R. No. 75/2025. 3. The petitioner No. 1 Smti. Jabme Potom is the informant; petitioner No. 2 Smt. Liter Bole Riba; petitioner No. 3 Shri Likik Bole; and petitioner No. 4 Shri Mipe Bole; are the accused persons in the aforesaid G.R. No. 75/2025 arising out of Aalo P.S. Case No. 54/2025. 4. The case of the petitioners is that based on a written First Information Report(FIR) lodged by the petitioner No. 1 before the Officer-in-Charge, Aalo Police Station, on 25.09.2025, inter alia, alleging against the accused/petitioner Nos. 2, 3 & 4, for commission of the alleged offence. However, immediately after lodging of the First Information Report(FIR), the matter was mutually settled between the parties and the informant/petitioner No. 1 filed an application before the investigating officer of the case for withdrawal of the First Information Report (FIR). However, since the offence alleged against the accused/petitioner Nos. 2, 3 & 4, are non-compoundable, the matter could not be withdrawn and the police upon completion of the investigation, submitted Charge Sheet No. 108/2025 dated 23.12.2025, against the petitioner Nos. 2, 3 & 4 for commission of the alleged offence. The learned Magistrate, Aalo, took cognizance of the case and now, the same is pending trial in the Court of the learned Chief Judicial Magistrate, Aalo, at the stage of appearance. 5. The learned counsel for the petitioners submits as the earlier withdrawal application filed by the informant/petitioner No. 1 was not allowed; the informant and the accused/petitioner Nos. 2, 3 & 4 have formally executed a deed of mutual settlement on 05.08.2026, wherein, it is stated that the matter has arisen out of a domestic dispute between the parties leading to the filing of the charge-sheet. Page No.# 3/5 However, as the matter has amicably been settled between the parties, and by executing a mutual deed of settlement, wherein, the informant has categorically stated that she does not have any further grievance against the accused/petitioner Nos. 2, 3 & 4, and she does not wish to pursue the matter any further. The informant/petitioner No. 1 further undertakes to cooperate for filing of the instant criminal petition before this Court for quashing of the proceeding. 6. The learned counsel for the petitioners further submits that since the matter has amicably been resolved between the parties, the informant/petitioner No. 1 has no further grievance against the accused/ petitioner Nos. 2, 3, & 4; there is no scope of conviction in the case and as such, the further proceeding of the case would be a futile exercise and it would only cause harassment to the parties, therefore, the learned counsel for the petitioners prays for quashing and setting aside of the charge-sheet No. 108/2025 dated 25.09.2025 in Aalo P.S. Case No. 54/2025 as well as the proceedings of G.R. No. 75/2025 in the Court of the learned Chief Judicial Magistrate, Aalo. 7. Ms. Jini, learned Addl. 7. Ms. Jini, learned Addl. Public Prosecutor, fairly submits that as the matter has amicably been settled between the informant/petitioner No. 1 and the accused/petitioner Nos. 2, 3 & 4, and the allegations in the First Information Report(FIR) itself indicates that the matter arose out of a domestic dispute between them, and also taking into account that a formal deed of mutual settlement, dated 05.08.2026, has been executed between the parties, wherein, the informant/petitioner No. 1 has stated that she has no further grievance against the accused/petitioner Nos. 2, 3 & 4, and does not wish to pursue with the matter any further; she has no objection if the prayer of the petitioners is allowed. Page No.# 4/5 8. I have heard the submissions advanced by the learned counsels for the parties. 9. It appears that the dispute arose between the parties because of a domestic issue resulting in lodging of the aforesaid police case by the informant/petitioner No. 1 against the accused/petitioner Nos. 2, 3 & 4. It also appears that immediately after the lodging of the First Information Report(FIR), the matter was mutually settled between the parties and the informant/petitioner No. 1 filed an application before the investigating officer of the case for withdrawal of the First Information Report(FIR). However, since the offences alleged against the accused persons are non-compoundable, the matter could not be withdrawn, as a result, the police have filed the case into the charge-sheet. Subsequently, the matter has amicably been settled between the parties by formally executing a mutual deed of settlement on 05.08.2026, wherein, the informant/petitioner No. 1 has clearly expressed that she has no further grievance against the accused/ petitioner Nos. 2, 3 & 4, and does not wish to pursue the matter any further. Under the circumstances, it appears that the dispute is purely personal in nature and has arisen out of a domestic issue between the informant/petitioner No. 1, and the accused/petitioner Nos. 2, 3 & 4. It further appears that the dispute does not affect the society at large. Given the facts and circumstances of the case, there appears to have been only a remote possibility of conviction and thus, if the proceeding is allowed to be continued; it would only cause harassment to the parties which would rather amount to an abuse of the process of law. 10. The Hon’ble Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan & ors., reported in (2019) 5 SCC 688 held that the High Court in exercise of inherent power conferred under Section 482 of the Code of Criminal Procedure, 1973, can quash the criminal proceedings even for non-compoundable offences which are private in nature and do no have serious impact on society on Page No.# 5/5 the ground that there is a settlement/compromise between the victim and the offender. 11. In the light of the principle laid down by the Hon’ble Supreme Court in the case of Gian Singh v. State of Punjab & anr., reported in (2012) 10 SCC 303; Narinder Singh & ors. v. State of Punjab & anr., reported in (2014) 6 SCC 466, as well as in the case of Laxmi Narayan (supra), wherein the Court has permitted quashing of the proceedings even in non-compoundable offence in cases involved in private disputes which do not affect the society at large, this Court is of the opinion that this is a fit case where inherent power under Section 482 of the Code of Criminal Procedure, 1973/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be exercised to secure the ends of justice. 12. Accordingly, the proceedings in G.R. No. 75/2025 arising out of Aalo P.S. Case No. 54/2025, registered under Sections 332(C)/333/324(4)/310(2) of the Bharatiya Nyaya Sanhita, 2023, in the Court of the learned Chief Judicial Magistrate, Aalo, against the petitioner Nos. 2, 3 and 4, namely, Smti. Jabme Potom, Smti. Liter Bole Riba, Shri Likik Bole and Shri Mipe Bole, are hereby quashed. 13. 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