(1.) By preferring this Application under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") the Petitioners seek quashing of the FIR bearing No.39/2015 in Sadar Police Station Case dated 08-02-2015 under Sections 324/34 of the Indian Penal Code, 1860 (for short "IPC"), against the Petitioners No.1 and 2 in the Complaint filed by the Petitioner No.1 and consequently, the General Register Case No.191 of 2015 pending before the Learned Chief Judicial Magistrate, East and North Sikkim at Gangtok, at the stage of appearance of the Petitioners No.1 and 2.
(2.) The facts briefly stated are that on 08-02-2015, the Petitioner No.3 lodged an FIR before the Sadar Police Station, Gangtok, to the effect that the Petitioners No.1 and 2 had assaulted him on his head with stones within his residential premises at Upper Burtuk, Gangtok. The Complaint was registered as FIR No.39 of 2015 and during investigation, the Petitioners No.1 and 2 were taken into custody and later released on bail. Charge-sheet was submitted before the Court of the Learned Chief Judicial Magistrate, East and North Sikkim at Gangtok, where it was registered as G. R. Case No.191 of 2015, whereupon the Petitioners No.1 and 2 were summoned to appear before the Court on 08-09-2015. That in the interregnum, the Petitioners amicably settled the matter and the Petitioner No.3 does not seek to pursue Prosecution and desires to withdraw the case against the Petitioners No.1 and 2, towards which a Compromise Deed was drawn up by all the three Petitioners on 09- 02-2015. The Petitioners it emerges, are co-villagers and known to each other with no previous rivalry nor has any motive been attributed to the Petitioners No.1 and 2. However, the G. R. Case before the Learned Chief Judicial Magistrate is under Sections 324/34 of the IPC and is not compoundable in view of the provisions of Section 320 of the Cr.P.C., hence, the instant Application praying for the above reliefs. While making his submission before this Court, Learned Counsel for the Petitioners submitted that the Petitioners have settled the matter amicably amongst themselves and no fruitful purpose would be achieved by pursuing the Prosecution in view of the above stated circumstances. It is submitted that this Court has powers under Section 482 of the Cr.P.C. to quash the proceedings, there being a legal bar under Section 320 of the Cr.P.C. to compound the offence. To fortify his submissions, Learned Counsel for the Petitioners has placed reliance on the following decisions;
(3.) Mr. Karma Thinlay Namgyal, Learned Additional Public Prosecutor, on his part, submits that since the parties have amicably settled the matter and reliance has been placed on a decision of this Court where the FIR has been quashed in a case involving Section 324 of the IPC, being Tara Rai vs. The State of Sikkim and Another, he has no objection to the Application.