DEEWAS RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioners have filed an application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter, the "BNSS"), seeking quashing of the FIR bearing No.38 of 2024, dtd. 2/4/2024, registered at the Sadar Police Station, Gangtok, against the Petitioner No.1, under Ss. 498A/324/506 of the Indian Penal Code, 1860 (hereinafter, the "IPC") and the consequential proceedings in G.R. Case No.217 of 2024 (State of Sikkim vs. Deewas Rai) pending before the Court of the Chief Judicial Magistrate, Gangtok, Sikkim.

(2.) It is submitted by Learned Counsel for both the Petitioners that the FIR was lodged by Petitioner No.2 stating that on 26/3/2024 her husband Petitioner No.1 had assaulted her with fist blows and a Coffee Maker and threatened to kill her by hanging her to death. She had also alleged that she had been continuously beaten up with articles like table, stick, chair, etc. On the basis of the FIR, on completion of investigation, G.R. Case came to be registered before the Court of the Chief Judicial Magistrate where the matter is now pending. That, now the Petitioners No.1 and 2 have resolved their disputes and are living together. In fact they have been together a few days after the above incident occurred. They have a minor daughter, who is aged about two and half years old. The Petitioner No.1 is taking care of both the Petitioner No.2 and the minor child. That, with the intervention of friends, family and well wishers the Petitioners resolved their differences hence the Petitioner No.2 does not seek to pursue the Criminal Case against the Petitioner No.1. That, the settlement has been arrived at by the Petitioner No.2 of her own accord and free will and without any coercion from any party whatsoever. She is also conscious of the fact that should the Petitioner No.1 be convicted then she and the child will have to bear far reaching consequences such a financial difficulties and lack of care. As they are now living a peaceful married life, the instant Petition has been filed.

(3.) Per contra, Learned Assistant Public Prosecutor submits that the offences committed by the Petitioner No.1 are non-compoundable offences and he has assaulted the victim Petitioner No.2 physically and also threatened to kill her on several occasions. In such circumstances, the prayers put forth by the Petitioner No.1 deserve no consideration and the Petition ought to be dismissed.