PRABHAT KIRAN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner No. 1, Dr. Prabhat Kiran Rai, Son of Shri Rasta Man Rai and petitioner No. 2, Dr. Srijana Subba, Wife of Shri Sagar Subba, have preferred this joint petition, under Section 482 of Code of Criminal Procedure, 1973 (for short, 'the Cr. P.C.') for quashing the further proceedings of G.R. Case No. 31 of 2014 pending before the Judicial Magistrate, West Sikkim at Gyalshing, arising out of FIR No. 07/2014 dated 19.02.2014 registered at P.S. Gyalshing (West) under Sections 354A (i)/448 IPC, on the ground that petitioner No. 1/accused and petitioner No. 2/victim, have settled their dispute and have executed a written Compromise Deed in the matter.

(3.) From the submissions of learned counsel for the parties and the facts mentioned in the petition, it appears that petitioner No. 2, Dr. Srijana Subba lodged an FIR No. 07/2014 on 19.02.2014 in respect of occurrence took place in the intervening night of 18 and 19 of February, 2014 at Police Station Gyalshing, Dist. West, which was registered under Section 354A (i)/448 IPC. After completion of investigation, the police submitted a charge-sheet against the petitioner No. 1, Dr. Prabhat Kiran Rai in the Court of Chief Judicial Magistrate, South & West at Namchi on 06.06.2014. Learned Chief Judicial Magistrate took cognizance of an offence under Section 354A(i) IPC against petitioner No. 1/ accused, Dr. Prabhat Kiran Rai and forwarded the case for trial to the Court of Judicial Magistrate, West, at Gyalshing.