TARA RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-petitioner, Mr. Tara Rai, son of late Deo Kumar Rai, has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr. P.C.) for quashment of G. R. Case No. 17 of 2013 pending in the Court of Chief Judicial Magistrate, East and North Sikkim at Gangtok, registered on the basis of Challan filed against him under Section 324 of the Indian Penal Code (for short, I.P.C.), on the basis of compromise between the accused-petitioner and the victim, who is respondent No. 2, Bijay Rai, son of late Deo Kumar Rai.

(3.) Briefly stated, the facts of the case are, that on 02.10.2012 an FIR No. 125(10)12 was lodged at Police Station Sadar, District East by the Station House Officer, Sadar Police Station, on the basis of oral report given by one Sabita Rasaily, wife of Binod Rasaily, wherein it was mentioned that one Tara Rai has assaulted his brother Bijay Rai with machete (bamphok) inflicting grievous bodily injuries and he is at present lying in a pool of blood in the room of a RCC building owned by the accused. On the basis of this information, the FIR was registered under Section 326 IPC and investigation was commenced. During the investigation of the case, the statements of accused, victim and other witnesses were recorded, the victim was also medically examined.