THINLAY DORJEE & ORS Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Crl. Misc. Case No.10 of 2017 has been preferred seeking to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioners are the accused, the complainant and the victim respectively. The State of Sikkim is the respondent. The petitioners prays that FIR No. 29 of 2016 dated 03.06.2016 and its subsequent proceedings i.e., G.R. Case No. 24 of 2016 (State of Sikkim v. Shri Thinlay Dorjee) be quashed in terms of the deed of compromise dated 11.06.2016 entered between one Krishna Chettri, petitioner No. 2/ complainant and Thinlay Dorjee, petitioner No. 1/accused in the above mentioned Criminal Misc. Case on 29.07.2017. The deed of compromise records:

(2.) During the proceedings an application was filed by the petitioners placing on record a declaration of the parties dated 28.07.2017 in respect of the deed of compromise dated 11.06.2016 which was allowed. This application was filed by all the petitioners herein supported by a joint affidavit. Declaration of the parties in respect of the deed of compromise dated 11.06.2016 is signed by Hari Chettri, victim/petitioner No.3, complainant/petitioner No.2 and accused/petitioner No.1. The said declaration records that the total compensation amount of Rs.1,70,000/- (One Lakh Seventy Thousand only) has been paid to the complainant/petitioner No.2 to be paid to the victim/petitioner No.3 on 11.06.2016 as the victim/petitioner No.3 was at that time undergoing treatment. It also declares that it has been agreed between the parties that no future claims shall be made by the victim/petitioner No.3 and the complainant/petitioner No.2 against the accused/petitioner No.1 arising out of the said accident.

(3.) Fir No. 29 of 2016 was registered on 03.06.2016 under Section 279, 237, 238 of the Indian Penal Code, 1860 (IPC) read with Section 177/184 of the Motor Vehicles Act, 1988. The FIR was lodged by complainant/petitioner No. 2 stating that around 4.20 p.m. on 03.06.2016 his sister-in-law, Uma Chettri, telephonically informed him that his brother victim /petitioner No.3 while going from Rangpo to Singtam in a scooty bearing No.WB 74 AF 6438 was hit by a vehicle No. BP-1B4867 and was grievously injured.