SUNIL PRASAD Vs. STATE OF SIKKIM

JUDGEMENT

(1.) On a written complaint lodged by the respondent No. 2 in the Rangro Police Station, East Sikkim, on 6-1-2007, case under Section 420/468/34 of the Indian Penal Code, had been registered against the petitioners who are related to him as son-in-law and daughter respectively. It was alleged in the complaint that on 18-11-2006, the petitioners while eloping with each other had committed theft of a UTI Bank cheque belonging to the respondent No. 2 and used it by forging his signature to illegally withdraw a sum of Rs. 23,000/- from his account held in the UTI Bank, Rangpo Branch.

(2.) The investigation culminated in the police filing a charge-sheet before the Chief Judicial Magistrate, East and North Sikkim at Gangtok, where trial against the petitioners for offences under Sections 420/468/34 of the Indian Penal Code began after the learned Magistrate had taken cognizance and registration of G. R. Case No. 114 of 2007.

(3.) During the proceedings of the case, the petitioners have approached this Court with the present application seeking quashing of the G. R. Case pending before the learned Chief Judicial Magistrate on the ground that the petitioners and the respondent No.2 have amicably settled the matter by drawing up a compromise agreement dated 11-3-2011. Upon notice being issued to the respondent No. 2, he has filed an affidavit duly affirmed by him on 31-5-2011 where in paragraphs 3, 4, 6 and 7, the following have been stated :