Likha Akkan and Anr v. The State of Ap

ORDER Date : 22.10.2024 Heard Mr. T Suni, learned counsel for the petitioners. Also heard Mr. T Ete, learned Additional PP, Arunachal Pradesh.

¶2This is an application filed under Section 528 of the BNSS, 2023 praying for setting aside and quashing the Itanagar Women PS case No. 05/2019 corresponding to GR No. 55/2019 under Section 498A of the IPC pending for trial before the learned court of JMFC, Yupia.

¶3It is on record that after the registration of the FIR, the case was investigated by the Investigating Officer and Charge Sheet was laid against the petitioner No. 1 vide Charge Sheet No. 24/2019 dated

06.04.2019 in connection with Itanagar Women PS case No. 05/2019 under Section 498A of the IPC.

¶4In the F.I.R. it is alleged that the husband of the informant has been mentally and physically torturing the informant since many days and has also threatened the life of the informant.

¶5This present petition is jointly filed by the informant and the accused person. The petitioner No. 1 in the present application is the accused husband named in the FIR filed by the petitioner No. 2 wife.

¶6The present petition is filed in a backdrop that the complainant and the accused had settled the matter amicably between them and therefore, this court in exercise of power under Section 528 of BNSS should quash the criminal prosecution as the offences charged are not compoundable under Page No.# 3/4 the provision of BNSS.

¶7It is also on record that prior to filing of the charge-sheet, the petitioners have mutually settled the matter vide compromise agreement dated

18.09.2024, which is annexed to the petition as annexure 5. Annexure 5 reflects that the petitioners have amicably settled their disputes.

¶8The power under Section 528 of BNSS, 2023 is an inherent power and such inherent power can be exercised to quash a criminal proceeding or a criminal complaint but while doing so the court is to follow certain principles. Such power can be exercised, amongst others, when the offences alleged are overwhelmingly and predominantly civil in character or when such dispute arises out of matrimonial relationship or family disputes and the parties have resolved the entire disputes amongst themselves. While exercising such directory power it is to be seen that such offences if compromised shall not affect the society at large.

¶9Coming to the case in hand, from the materials available on record including the charge sheet, the statement of witnesses and the compromise settlement show that it cannot be per se said to be an offence under Section 498A IPC as recorded hereinabove. In the considered opinion of this court, as the parties have amicably resolved the disputes and that the offence do not involve any heinous or serious offence and also that if the offences are allowed to be compounded that will have no serious impact on the society, the power under Section 528 of BNSS can be exercised in the given facts of the present case.

¶10In the aforesaid backdrop, this court is of the view that this is a fit case where the power under Section 528 of BNSS, 2023 can be exercised to set Page No.# 4/4 aside and quash the criminal prosecution in question on being amicably settled.

¶11Accordingly, this petition is allowed by setting aside and quashing the criminal prosecution initiated on the basis of Itanagar Women PS case No. 05/2019 corresponding to GR No. 55/2019 under Section 498A of the IPC pending for trial before the learned court of JMFC, Yupia. JUDGE Comparing Assistant

Page No.# 1/4 GAHC040012652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./149/2024 Likha Akkan and Anr Son of Likha Techi, resident of G Sector, Naharlagun, PO and PS Naharlagun, Papumpare District, Arunachal Pradesh. 2: Smti Likha Yassum Nabam Age: Occupation : Wife of Likha Akkan resident of G Sector Naharlagun PO and PS Naharlagun Papumpare District Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Takam Sunil, G Basar,Mating Yaram Advocate for the Respondent : P P of AP, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY