Page No.# 1/4 GAHC040008172026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./138/2026 Smti Techi Yamar and Anr Wife of Shri Tam Tangam, permanent resident of Lower Tubung Village, PO and P Balijan, Papum Pare District, Arunachal Pradesh. 2: Tam Tangam Age: Occupation : Son of Late Tam Gumsang permanent resident of Lower Tubung Village PO and PS Balijan Papum Pare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Taba Topu, Likha Kagung,Tokdak Tamin Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05-06-2026 Heard Mr. G. Kato, learned counsel for the petitioners and Mr. T. Jini, learned Public Prosecutor, for the State respondent. Page No.# 2/4 2. This is an application filed under Section 528 BNSS, 2023 praying for setting aside and quashing of the FIR No. 15/2023 which has been registered under Itanagar Women Police Station and corresponding to G.R. Case No. 116(A)/2023. 3. It is submitted by Mr. Kato that due to some misunderstanding and matrimonial dispute, the FIR was lodged by the petitioner No.1 against the petitioner No.2, who is her husband and after the lodging of the FIR there was settlement between the parties and presently, both the petitioner Nos. 1 and 2, who are the husband and wife in relation are residing peacefully without any grievances with each other. 4. As the case registered under Section 498A IPC, which is a non- compoundable offence and for which the present petition has been filed jointly seeking quashing of the FIR which has been registered under Itanagar Women Police Station. 5. He further submitted that in pursuant to their settlement they have also executed one deed of settlement agreement by putting their signatures in presence of witnesses or family members. 6. The petitioner No.1 is not interested to proceed with the case further and in view of the settlement she will also not depose against the petitioner No.2, who is her husband and hence, the chance of conviction of the accused is also bleak and remote as there is less probability of adducing evidence against the accused petitioner No.2, i.e., the accused by the petitioner No.1, i.e., the wife, even if the case is proceeded further. Accordingly, Mr. Kato submitted that it is a fit case wherein the FIR No. 15/2023 can be set aside and quashed by invoking the power under Section 528 BNSS, 2023. Page No.# 3/4 7. Ms. Jini, learned PP submitted that from the FIR it is seen that the case of matrimonial dispute wherein there was a dispute between the husband and wife which has already been settled between the parties and the case is purely private in nature as well as matrimonial and hence, the State has no objection, if the FIR is set aside and quashed in pursuant to the settlement between the parties. 8. Considering the submission made by the learned counsel for the parties, the entire situation and circumstances of the case and also considering the fact that the dispute between the parties has already been settled in pursuant to the settlement agreement, this Court is of the opinion that it is a fit case wherein, the FIR No. 15/2023 which has been registered under Itanagar Women Police Station and corresponding to G.R. Case No. 116(A)/2023 can be quashed by invoking the power under Section 528 BNSS. 9. 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 settlement between the parties, vis-à-vis the nature of offence this Court is of the opinion that the FIR No. 15/2023 which has been registered under Itanagar Women Police Station and corresponding to G.R. Case No. 116(A)/2023 can be quashed by invoking the power under Section 528 BNSS, can be set aside and quashed. 10. Accordingly, the FIR No. 15/2023 which has been registered under Itanagar Women Police Station and corresponding to G.R. Case No. 116(A)/2023 is hereby quashed and set aside. 11. This criminal petition accordingly stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant