Page No.# 1/4 GAHC040008362026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./141/2026 Jumkar Bagra and Anr Son of Dujum Bagra, resident of Village Pigi Moli, PO Bagra, PS Aalo, West Siang District, Arunachal Pradesh. 2: Smti Luknu Game Age: Occupation : Wife of Shri Jumkar Bagra resident of Taso Donyi Maro Circle PO and PS Dumporijo Upper Subansiri District Arunachal Pradesh VERSUS The State of AP through the PP of AP Advocate for the Petitioner : Morrik Bagra, Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 09.06.2026 Heard Mr. P. Ngomdir, learned counsel appearing on behalf of Mr. M. Bagra, learned counsel representing the petitioners ‘X’ and ‘Y’, who have Page No.# 2/4 jointly filed this application under Section 528 of BNSS, 2023 with a prayer for quashing the proceeding of BSR/Sessions Case No. 12/2025 arising out of Basar P.S. Case No. 33/2023 under Section 376 (B)/511/354/427 of the Indian Penal Code, corresponding to G.R. Case No. 38/2023 pending before the Addl. Sessions Judge, Basar, Leparada District, Arunachal Pradesh. 2. Also heard Ms. L. Hage, learned Addl. PP for the State of Arunachal Pradesh 3. I have considered the submissions at the Bar with circumspection that the allegation against the petitioner No. 1 was brought up by the petitioner No. 2. 4. It is submitted that both are at present staying together peacefully as husband and wife. They are legally married and are blessed with one son. The alleged incident took place after the case of separation between the petitioner No. 1 and petitioner No.2. Then the allegation was brought up against the petitioner No. 1 by the petitioner No. 2 that the petitioner No. 1 attempted to commit rape and assaulted the petitioner No. 2 and thereafter, aggressively destroyed the articles in the petitioner No.2’s grocery shop. 5. At present, the dispute has been amicably settled between the parties and the petitioners have jointly filed this application to quash the proceeding of BSR/Sessions Case No. 12/2025 arising out of Basar P.S. Case No. 33/2023 under Section 376 (B)/511/354/427 of the Indian Penal Code, corresponding to G.R. Case No. 38/2023 pending before the Addl. Page No.# 3/4 Sessions Judge, Basar, Leparada District, Arunachal Pradesh. 6. It is further submitted that the petitioner No. 2 is stated to be 7 (seven) months’ pregnant. 7. It is also submitted that both the petitioners have also executed a deed of mutual settlement, which is annexed along with the petition as Annexure-5. 8. The petitioners have amicably settled their dispute and have buried their hatchets and are staying peacefully as husband and wife for the paramount welfare of their children. 9. It has also been held by the Hon’ble Supreme Court in the case of State of Madhya Pradesh-vs-Laxmi Narayan; reported in (2019) 5 SCC 688, that the inherent power under Section 482 Cr.P.C. (Now, 528 of BNSS) may be exercised to secure the ends of justice in exceptional cases arising out of matrimonial and family disputes, wherein, the parties have amicably resolved their dispute. 10. After considering the submissions at the Bar, this Court finds that this is a fit case to invoke the inherent jurisdiction under Section 528 of BNSS, 2023. As both ‘X’ and ‘Y’ have amicably settled their dispute, therefore, the possibility of conviction of the petitioner No. 1 appears to be remote and bleak and further proceeding of the case would be an abuse of the process of the Court. 11. The case is pending at the stage of evidence. 12. In view of the foregoing discussions made hereinabove, the Page No.# 4/4 proceedings of BSR/Sessions Case No. 12/2025 arising out of Basar P.S. Case No. 33/2023 under Section 376 (B)/511/354/427 of the Indian Penal Code, corresponding to G.R. Case No. 38/2023 pending before the Addl. Sessions Judge, Basar, Leparada District, Arunachal Pradesh are hereby set aside and quashed. In terms of the above observation, this Criminal Petition stands disposed of, at the motion stage, itself. JUDGE Comparing Assistant