YUMKAR LIKAR Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Saxena, learned counsel for the petitioners. Also heard Mr. J. Tsering, learned Public Prosecutor for the State.

(2.) The petitioners, who are husband and wife, have jointly instituted the present proceedings, under Sec. 482 of the Cr.P.C., 1973 praying for quashing of the FIR, dtd. 22/9/2018 lodged by the petitioner no. 2 against the petitioner no. 1, leading to registration of Nari P.S. Case No. 06/2018, under Sec. 498(A) of the IPC along with the Charge-sheet being Charge-sheet No. 09/2018, dtd. 28/9/2018 submitted by the Police in G. R. Case No. 246/2018.

(3.) The admitted facts as revealed from the materials available on record is that the petitioner no. 2 (wife) had by way of instituting an FIR, dtd. 22/9/2018 before the Nari Police Station against the petitioner no. 1 (husband) alleged about the physical assault committed upon her by petitioner no. 1 (husband) on 21/9/2018. On receipt of the said FIR, the police registered a case being Nari P.S. Case No. 06/2018, under Sec. 498(A) of the IPC. On conclusion of the investigation in the said case, a Charge-sheet being Charge-sheet No. 09/2018, dtd. 28/9/2018 came to be filed by the Police before the Court of learned Chief Judicial Magistrate, Pasighat in G. R. Case No. 246/2018 corresponding to the said police case, against the petitioner no. 1. During the pendency of the said criminal proceedings, the petitioner no. 1 and 2 resolved their mutual disputes and on such resolution, executed a Deed of Agreement/amicable settlement dtd. 20/11/2023 at Itanagar and in terms thereof, they had decided to co-habit peacefully as husband and wife along with their children.