SHRI SANJAY PRASAD Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is a petition preferred by the husband and wife to quash the FIR, bearing No. 261/2015 dated 05th October 2015, lodged by the wife against the husband and consequential criminal case pending on the file of the Chief Judicial Magistrate, East Sikkim at Gangtok.

(2.) The brief facts, as narrated by the petitioners, are that the second petitioner was legally married wife of the first petitioner and living together at M.G. Marg, below Hotel Bayul, Gangtok. As stated in the FIR, the first petitioner used to torture, harass and beat the second petitioner regularly. On 4th October 2015 at about 10.30 PM, she was beaten and her neck was throttled which might have led to her death. Further, the first petitioner picked up a kitchen knife and also attempted to stab her. Cognizance of the report was taken and a criminal case, being GR Case No. 109 of 2016, was registered against the first petitioner under Sections 498A/352/323 of the Indian Penal Code, 1860 (for short, "IPC"). As required, proper investigation was done before filing the charge-sheet on 27.04.2016. The petitioners have jointly stated that after the said incident, both of them started living peacefully in the same house and nurturing the sole child, a son of 9 years of age. It is contended by the learned counsel appearing for the petitioners that keeping in view the peace and betterment of the family and the child, the second petitioner along with the first petitioner have entered into a compromise, which was duly executed on 20th February 2016, giving a quietus to the case in the interest of family and the society. Learned counsel would further contend that the FIR and the consequential criminal case be quashed for the benefit and growth of the family in the society.

(3.) Supporting the case of the petitioners, learned State counsel would submit that though the charge is serious in nature, but for benefit of the family fabric, the case may be considered for quashment of the FIR as well as the criminal case against the first petitioner pending before the Chief Judicial Magistrate.