PEMA CHULTIM BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This judgment shall consider the application under sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the petitioners jointly to quash the First Information Report (FIR) as well as the criminal proceedings pursuant thereto against the petitioner no.1 on a complaint by the petitioner nos. 2, 3 and 4.

(2.) Heard Mr. Dewen Sharma Luitel, learned counsel for the Petitioners as well as Mr. Yadev Sharma, learned Additional Public Prosecutor for the State-respondent. The learned counsel for the petitioners submits that this is a fit case to exercise powers under sec. 482 Cr.P.C. and quash the criminal proceedings including the FIR in view of the amicable settlement arrived at between the petitioners relying upon various judgments discussed herein below. The learned counsel for the petitioners submits that all differences between the petitioner no.1 on the one hand and the petitioner nos. 2, 3 and 4 on the other have been resolved and they have agreed to maintain a harmonious relationship and live peacefully. The petitioner nos. 2, 3 and 4 do not want to contest the case and has no grievances against the petitioner no.1 anymore. They have agreed to abide by the compromise deed and move on with their lives. The learned Additional Public Prosecutor submits that in view of the compromise deed entered between the petitioners the State-respondent has no objection if the criminal proceedings are quashed.

(3.) The FIR was registered on 5/11/2019 at Rabong Police Station. It alleged that petitioner no.1 assaulted the petitioner nos. 2, 3 and 4 while they were on duty due to which they sustained severe injuries. The FIR also alleged that they had been threatened with dire consequences. It further alleged that petitioner no.1 had forcefully stopped the company vehicles of M/s S and P Infrastructure Development (P) Limited and snatched the keys.