Crl.Petn./188/2026 of Smti Henmi Karbak and 5 Ors Vs The State of AP on 20 July 2026

ORDER

Date : 21.07.2026

Heard Mr. Elijah Taying, learned counsel, appearing on behalf of the petitioners. Also heard Ms. Topi Jini, learned Addl. P.P., Arunachal Pradesh, Arunachal Pradesh, appearing on behalf of the sole respondent.

2. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, has been jointly filed by the informant and the accused persons, praying for quashing and setting aside of the proceedings of G.R. No. 32/2025(Sessions Case No. 01/2026) arising out of Aalo Women P.S. Case No. 06/2025 registered u/s. 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 67 of the I.T. Act, 2000; pending trial before the learned Court of Sessions, West Siang District, Aalo.

3. The petitioner No. 1 is the informant in the aforesaid Aalo P.S. Case No. 06/2025 and the petitioner Nos. 2, 3, 4, 5 & 6, are the accused persons in the aforesaid Sessions Case No. 01/2026 arising out of Aalo Women P.S. Case No. 06/2025.

4. The case of the petitioners is that based on a written First Information Report(FIR) lodged by the informant/petitioner No. 1 viz. Smti. Henmi Karbak before the Officer-in-Charge, Aalo Women Police Station, on 22.04.2025, against the petitioner Nos. 2 & 3, alleging, that they had circulated an illicit video clip of her in the social media; the aforesaid police case has been registered. Upon completion of the investigation, the police submitted Charge Sheet No. 10/2025 dated 20.06.2025 against the petitioner Nos. 2, 3, 4, 5 & 6, for commission of the alleged offence. The learned Chief Judicial Magistrate, Aalo, took cognizance of the case vide order, dated 10.11.2025, and thereafter, the matter was committed to the learned Sessions Court, Aalo. The learned Sessions Court, Aalo, took cognizance of the matter on 14.05.2026, and now, the same is pending for consideration of charge.

5. It is submitted that during the pendency of the case, the parties have resolved their disputes amicably by executing a deed of amicable settlement dated 15.06.2026, whereby, the informant/petitioner No. 1 has categorically stated that she lodged the First Information Report (FIR), against the petitioner Nos. 2 & 3, in a paranoic state of mind, without knowing the facts. In the said deed of settlement, it has also been stated that the settlement has been arrived at between the parties upon payment of a monetary compensation amounting to

Rs. 2,00,000/- to the petitioner No. 1 by the accused persons. In the said agreement, it has been further stated that the petitioner No. 1 has no grievance against the petitioner No. 2 as she had a consensual relationship with him as well as against the petitioner Nos. 3, 4, 5 & 6, as they are her close family members and that, she do not wish to pursue the matter any further.

6. The learned counsel for the petitioners submits that under the circumstances, there is no scope of conviction in the present case even if the trial is allowed to be proceeded with, rather, it would be a futile exercise causing an unnecessary harassment to all the parties which would amount to an abuse of process. Thus, by way of filing the present criminal petition before this Court, the petitioners have jointly prayed for quashing and setting aside of the proceedings of G.R. No. 32/2025 (Sessions Case No. 01/2026) arising out of Aalo Women P.S. Case No. 06/2025 registered u/s. 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 67 of the I.T. Act, 2000, pending trial in the learned Court of Sessions, West Siang District, Aalo.

7. The learned Addl. Public Prosecutor, Arunachal Pradesh, fairly submits that in view of the amicable settlement arrived at between the parties as well as the fact that the informant/petitioner No. 1 has no further grievance against the accused petitioner Nos. 2, 3, 4, 5 & 6, and do not wish to pursue with the matter any further; she has no objection if the prayer of the petitioners is allowed.

8. I have heard the submissions advanced by the learned counsels for the parties and also perused the record.

9. The present case arises out of a written First Information Report(FIR) dated

22.04.2025, lodged by the petitioner No. 1, before the Aalo Women Police Station against the petitioner Nos. 2 & 3, alleging that they circulated an illicit video clip of the petitioner No. 1 on social media, on the basis of which Aalo Women P.S. Case No. 06/2025 has been registered u/s. 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 67 of the I.T. Act, 2000. However, during the pendency of the trial, the parties have amicably settled the matter and executed a deed of amicable agreement dated 15.06.2026. In the said deed of settlement, it has been categorically stated that the dispute has been amicably settled by the parties and the victim/petitioner No. 1 do not wish to pursue the case against the petitioner Nos. 2, 3, 4, 5 & 6, any further. The dispute appears to be personal in nature and does not affect the society at large. Given the facts and circumstances of the case, there appears to have been only a remote possibility of conviction. In view of the above, continuation of the criminal proceedings against the accused persons(petitioner Nos. 2, 3, 4, 5 & 6) would be a futile exercise and would amount to an abuse of the process of law.

10. The Hon’ble Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan & ors., reported in (2019) 5 SCC 688 held that the High Court in exercise of inherent power conferred under Section 482 of the Code of Criminal Procedure, 1973, can quash the criminal proceedings even for non-compoundable offences which are private in nature and do no have serious impact on society on the ground that there is a settlement/compromise between the victim and the offender.

11. In the light of the principle laid down by the Hon’ble Supreme Court in the case of Gian Singh v. State of Punjab & anr., reported in (2012) 10 SCC 303; Narinder Singh & ors. v. State of Punjab & anr., reported in (2014) 6 SCC 466, as well as in the case of Laxmi Narayan (supra), wherein the Court has permitted quashing of the proceedings even in non-compoundable offence in cases involved in private disputes which do not affect the society at large, this Court is of the opinion that this is a fit case where inherent power under Section 482 of the Code of Criminal Procedure, 1973/528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, should be exercised to secure the ends of justice.

12. Accordingly, the proceedings in G.R. No. 32/2025(Sessions Case No. 01/2026) arising out of Aalo Women P.S. Case No. 06/2025 registered u/s. 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 67 of the I.T. Act, 2000; pending trial in the learned Court of Sessions, Aalo against the petitioner Nos. 2, 3, 4, 5 & 6, namely, Shri Pankaj Mishra, Smti. Manju Karbak, Smti. Dobom(Sumpi) Karbak, Smti. Kende Karbak, and Smti. Bomrik Karbak, respectively, are hereby quashed.

13. In terms of the above, the instant joint petition filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, stands allowed and disposed of.

JUDGE Comparing Assistant