DEVEN HANG LIMBOO Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. M.N. Dhungel, learned counsel for the petitoners, who are the complainant and the three accused persons. He seeks the quashing of criminal proceedings pending against the petitioners no.1, 2 and 3 before the court of the learned Judicial Magistrate, East Sikkim at Gangtok, being G.R. Case No. 88 of 2021 (State of Sikkim vs. Deven Hang Limboo and others) and the FIR bearing Sadar Police Station Case no. 175 of 2020 dtd. 31/10/2020 on the basis of a Compromomise Deed they have entered on 3/10/2021.

(2.) The learned Additional Public Prosecutor appearing for the State does not object to the compromise and the quashing of the criminal proceedings and the FIR on the grounds that the trial is at an early stage and the offence involved is not heinous.

(3.) Admittedly, the FIR was filed on 31/10/2020. The Compromise Deed is dtd. 3/10/2021. Charges under sec. 374 read with sec. 34 of the Indian Penal Code, 1860 was framed by the learned Trial Court on 9/12/2021. After which, only one witness has been examined. Except Mrs. Deepshika Rai, all the petitioners are present. It is submitted by learned counsel for the petitioners that she is ill and therefore unable to appear before this Court. Her husband is petitioner no.1 and is present in the Court. He states that she has willingly signed on the Compromise Deed.