SINGHA BAHADUR TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioners No.1 and 2 are before this Court seeking the following reliefs;

(2.) The aforesaid matter arose out of an FIR lodged before the Sadar Police Station by the Petitioner No.2, Raju Chettri, on 01.04.2015, informing therein that he was assaulted with a rod by the Petitioner No.1. On the basis of the said FIR, Sadar Police Case No. 88/2015 dated 01.04.2015, under Sec. 324 of the Indian Penal Code, 1860, was registered against the Petitioner No.1, Singha Tamang, and the case endorsed to the Investigating Officer for investigation. On completion of investigation, charge-sheet was submitted against the Petitioner No.1 and the learned Magistrate framed charge under Sec. 324 of the Indian Penal Code, 1860 against him. The trial commenced on the plea of 'not guilty' by the Petitioner No.1, culminating in the impugned Judgment of conviction of the learned Judicial Magistrate in G.R. Case No. 317 of 2015 dated 13.12017. Aggrieved, the Petitioner No.1 was before the Court of the learned Sessions Judge, East Sikkim at Gangtok in Appeal. The matter came to be transferred to the Court of the learned Sessions Judge, Special Division-I, Sikkim at Gangtok on 28.05.2018, vide Orders of the learned Sessions Judge of the same date, pursuant to the direction of this High Court vide letter dated 25.05.2018. The matter was heard and listed thereafter for judgment. However, on the date so fixed, the Petitioner No.1 filed an Application seeking deferment of the date of the judgment as the parties, i.e., the Petitioners No.1 and 2, had amicably settled the matter by duly executing a Compromise Deed.

(3.) That, the Judgment is pending pronouncement in the said matter and prior to such pronouncement, this Petition is being filed in view of the compromise entered between the parties on 18.07.2018 with the intervention of family members and friends. The offence being non-compoundable, the jurisdiction of this Court is being invoked. That, in view of the said settlement, proceedings be quashed and the Compromise Deed be accepted.