Page No.# 1/4 GAHC040007792026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./132/2026 Smti Taring Yaja and Anr Wife of Biri Takap, resident of Bath Village near Ganga Lake Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 2: Biri Takap Age: Occupation : Son of Shri Biri Biri Tayo permanent resident of Choba Village PO and PS Pain Kra Daadi District Arunachal Pradesh and presently Bath Village near Ganga Lake Itanagar PO and PS Itanagar Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tabing Lamgu, A Bodo,Nabam Sonu Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 03-06-2026 Heard Mr. T. Lamgu, learned counsel for the petitioners and Mr. D. Loyi, learned Public Prosecutor, for the State respondent. 2. This is a joint application filed under Section 528 BNSS, 2023 praying for quashing of Itanagar Women P.S. Case No. 31/2026 registered under Section 85/351 of BNS, 2023, which is still under investigation. 3. Mr Langu, learned counsel submitted that the petitioner No.1 is the informant of this case and the petitioner No.2 is the accused of this case, who jointly filed this petition praying for quashing of the FIR, which was registered as Itanagar Women P.S. Case No. 31/2026. 4. It is submitted by Mr. Lamgu that due to some misunderstanding and matrimonial dispute the First Information Report(FIR) was lodged by the petitioner No.1 on instigation of other people, but immediately after lodging of the First Information Report(FIR), both the petitioners with the intervention of elderly person of the locality and the family members had arrived at a settlement and in pursuant to the settlement they have also executed a settlement deed on 20.05.2026 and at present both the petitioners, who are husband wife are living peacefully and the petitioner No.1 is not interested to proceed with the case further and hence, the present criminal petition has been filed jointly for quashing of the First Information Report(FIR) which was registered Itanagar Women P.S. Case No. 31/2026 registered under Section 85/351 of BNS, 2023. Page No.# 3/4 5. Page No.# 3/4 5. He further submitted that there is no chance of conviction of the accused petitioner No.2, as the matter has already been settled and being the wife of the petitioner No.2, the petitioner No.1 will not adduce any evidence against the petitioner No.2 and accordingly it is submitted by Mr. Lamgu learned counsel that it is a fit case wherein the First Information Report (FIR) can be quashed by invoking the power under Section 528 of Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 6. Mr. Loyi, learned PP submitted that the case is purely a matrimonial dispute wherein wife, the petitioner No.1 had lodged the First Information Report(FIR) against the husband, the petitioner No.2 and it is seen that the matter has already be settled between the parties and hence, the State has no objection if the First Information Report(FIR) date of the is quashed by invoking the extraordinary power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 7. Hearing the submissions made by the learned counsel for the parties, and the settlement between the parties and also considering the nature of the case which is purely a matrimonial dispute between the husband and wife, this Court is of the opinion that it is a fit case for quashing by invoking the extraordinary power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. More so, chance of conviction is also bleak and remote even if the case is allowed to be proceeded, rather, it will be an abuse of the process of Court. 8. In view of above and also considering the view of Hon’ble Apex Court in the case of State of Haryana Vs. Bhajan Lal reported in 1992 Supple. 1 SCC 335 and also considering the compromise between the parties, vis-à-vis the nature of offence this Court is of the opinion that FIR, which was registered as Itanagar Women P.S. Case No. 31/2026 can be quashed by invoking the Page No.# 4/4 extraordinary power under Section 528 Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023. 9. Accordingly, the First Information Report(FIR) which was registered as Itanagar Women P.S. Case No. 31/2026 under Section 85/351 of BNS, 2023 is hereby quashed and set aside. 10. This criminal petition accordingly stands disposed of. JUDGE Comparing Assistant