NILU THAPA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By filing the instant Petition the Petitioners herein seek quashing of the FIR No.24/2019, dated 04-04-2019, of Singtam Police Station, under Sections 354/509 of the Indian Penal Code, 1860 (hereinafter, IPC) filed by the Complainant (Petitioner No.1) against the Accused (Petitioner No.2.) and the consequential proceedings in General Register Case No.108 of 2019 (State of Sikkim vs. Ganesh Bhattarai) pending before the Court of the Learned Chief Judicial Magistrate, East Sikkim, at Gangtok, under Sections 354/506 of the IPC.

(2.) Heard Learned Counsel for the parties.

(3.) It is submitted by Learned Counsel for the Petitioners that both Petitioners have now compromised the matter amicably and Petitioner No.1 in the said circumstance does not seek to pursue prosecution. However, the offence vide which the second Petitioner is booked is under Section 354 of the IPC which is non- compoundable. Learned Counsel prays that the powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter, Cr.P.C.) are not fettered by the provisions of Section 320 of the Cr.P.C. Accordingly, the FIR and consequently, the General Register Case No.108 of 2019 : State of Sikkim vs. Ganesh Bhattarai, before the Learned Chief Judicial Magistrate, East Sikkim, at Gangtok, be quashed.