Thinlay Yezer Bhutia @ Ship Sangay, S/o Rinzing Ongay Bhutia v. State of Sikkim
2019-04-15
VIJAI KUMAR BIST
body2019
DigiLaw.ai
ORDER : Present petition has been filed by the petitioner for quashing FIR No. 03 of 2018 dated 07.04.2018, registered at Phodong Police Station, North Sikkim, Mangan, under section 307/341 of the Indian Penal Code, 1860 (for short ‘the IPC’). Further prayer has been made for quashing the proceedings pending disposal before the learned Sessions Judge, North Sikkim at Mangan titled State of Sikkim vs. Thinlay Yezer Bhutia alias Ship Sangay, in Sessions Trial Case No. 01 of 2018. 2. Brief facts of the case is that a First Information Report (for short ‘FIR’) was lodged by the respondent no.2 on 07.04.2018 against the petitioner at Phodong Police Station, North Sikkim, Mangan, wherein he stated that while he was returning home from Thingmoo, the petitioner stopped his vehicle in front of the respondent no.2 and hurt him by knife making a huge cut on his neck. FIR was registered as P.S. Case No. 03 of 2018 under section 341/307 of the IPC. The respondent no.2 was medically examined by a Doctor of the STNM Hospital, Gangtok. The Doctor in his report stated that the injury was a simple injury. The matter was investigated by the Investigating Officer. Further, final report was submitted by the Investigating Officer before the Court of the learned Judicial Magistrate, North Sikkim, Mangan. Learned Chief Judicial Magistrate took cognizance and registered it as G.R. Case No. 25 of 2018 (State vs. Thinlay Yezer Bhutia). The learned Chief Judicial Magistrate sent the File to the Court of the learned Sessions Judge, North Sikkim at Mangan, for further proceedings. Now, the matter is listed before the learned Sessions Judge, North Sikkim at Mangan. 3. Along with the petition, a Compromise Agreement has also been filed which is signed by the petitioner as well as the respondent no.2, in which it is stated that the incident took place when both the parties were heavily drunk. It is stated that both the parties have realized their own individual fault and since they are close relatives (brothers), they have decided to live peacefully along with their family members. Parties have agreed that the FIR/proceedings be quashed. 4. The parties have also filed an application under section 320 of the Code of Criminal Procedure, 1973, being I.A. No.1 of 2019, stating the same facts in their application and requested that the offence be compounded and proceedings and the FIR be quashed. 5.
Parties have agreed that the FIR/proceedings be quashed. 4. The parties have also filed an application under section 320 of the Code of Criminal Procedure, 1973, being I.A. No.1 of 2019, stating the same facts in their application and requested that the offence be compounded and proceedings and the FIR be quashed. 5. The petitioner as well as the respondent no.2 are present in the Court and they have been identified by their respective counsel. They appeared before me and stated that they have compromised and they want to settle the matter finally and want to lead a peaceful life. 6. Learned counsel for the State-respondent stated that the matter can be compounded. 7. In view of the principle laid down by the Hon’ble Supreme Court in Gyan Singh vs. State of Rajasthan reported in (2012) 10 SCC 303 , FIR as well as the criminal proceedings can be quashed by a Court, if the Court finds that the matter has been settled by the parties amicably and the parties are interested to restore peace and harmony. 8. Having considered the submissions of learned counsel for the parties and after going through the entire documents, I am satisfied that the matter has been settled between the parties. Therefore, the criminal miscellaneous case deserves to be allowed. 9. Accordingly, the Crl. Misc. Case No. 02 of 2019 is allowed. 10. FIR No. 03 of 2018 registered before the Phodong Police Station, North Sikkim, Mangan, stands quashed. Consequently, proceedings of S.T. Case No. 01 of 2018 pending disposal before the Court of the learned Sessions Judge, North Sikkim at Mangan, are also quashed. 11. Compounding Application also stands disposed of. 12. A copy of this Order be sent to the learned Sessions Judge, North Sikkim at Mangan, forthwith. 13. Certified copies be made available to the parties as per Rules.