LAWS(SIK)-2016-9-9

MANOJ SUBBA AND OTHERS Vs. STATE OF SIKKIM

Decided On September 21, 2016
Manoj Subba And Others Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) This Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), jointly by the Petitioners No.1, 2 and 3. The Petitioner No. 1 is the Victim, the Petitioner No.2 is the Complainant, while the Petitioner No.3 is the Accused. They jointly pray for compounding of offences and quashing of FIR No. 323/15 dated 15.12.2015 under Sections 279/337/338 of the Indian Penal Code, 1860 (for short "IPC") read with Section 184/187 of the Motor Vehicles Act, 1988, registered in the Sadar Police Station, Gangtok and proceedings emanating therefrom being G.R. Case No. 137 of 2016, State of Sikkim v. Zigmee Pintso Bhutia, before the Court of the learned Chief Judicial Magistrate (East & North) at Gangtok.

(2.) That, on 15.12.2015, the Petitioner No.1 employed in the Company of Petitioner No.2, was driving the company vehicle, at around 10:30 p.m. near Gurudwara, Deorali, East Sikkim when it was hit by a government vehicle driven by the Petitioner No.3. The FIR, details of which have been reflected above was duly registered on information given by the Petitioner No.2, to the Sadar Police Station. Thereafter, Charge Sheet was submitted against the Petitioner No.3. That, Section 279 of the IPC is a non compoundable offence, whereas Sections 337/336 of the IPC read with Sections 184/187 of the Motor Vehicles Act, 1988 are compoundable.

(3.) It is elucidated in the submissions of learned Counsel for the Petitioners that the matter was compromised on the condition that the Petitioner No.3, would pay the entire medical expenses of a sum of Rs.2,07,000/- (Rupees two lakhs and seven thousand) only, to the Petitioner No.1, in addition to which he would pay the Petitioner No.1, four month's salary amounting to Rs.18,000/- (Rupees eighteen thousand) only, in total during the treatment and recovery period. The Deed of Compromise was drawn up accordingly.