Sikkim High Court
Crl. M. C./8/2023 of HARKA BAHADUR BARAILY AND ANo. Vs STATE OF SIKKIM on 4 December 2023
COURT OF SIKKIM : GANGTOK (Criminal Jurisdiction) ------------------------------------------------------------------------------- SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Jurisdiction)
------------------------------------------------------------------------------- SINGLE BENCH: THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
------------------------------------------------------------------------------------------------------------------ Crl. M.C. No.08 of 2023
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Shri Harka Bahadur Baraily, S/o Dhan Bir Baraily, R/o 6[th] Mile, Gyalshing, P.O. & P.S. Gyalshing, Sikkim, Pin Code: 737 111. S/o Dhan Bir Baraily, R/o 6[th] Mile, Gyalshing, P.O. & P.S. Gyalshing, Sikkim, Pin Code: 737 111.
2. Shri Deo Man Subba, S/o Late Chandra Bahadur Subba, R/o 6[th] Mile, Gyalshing, P.O. & P.S. Gyalshing, Sikkim, Pin Code: 737 111. ……… Petitioners
Versus
State of Sikkim.
……… Respondent
-------------------------------------------------------------------------------- Appearance:
Ms. Gita Bista, Legal Aid Counsel for the Petitioners.
Mr. Thinlay Dorjee Bhutia, Additional Public Prosecutor assisted by Mr. Sujan Sunwar, Assistant Public Prosecutor for the Respondent.
------------------------------------------------------------------------- Date of hearing : 04.12.2023 Date of order : 04.12.2023
O R D E R (ORAL)
Bhaskar Raj Pradhan, J.
1. A Compromise Deed has been entered into between the Petitioners on 10.10.2022.
2. According to the Compromise Deed, the two of them got into a brawl on 17.08.2022 and the wife of the Petitioner No.2 lodged the FIR, due to which Gyalshing P.S. Case No.34/2022, dated 18.08.2022 was registered under Section 326 IPC, 1860. According to the Compromise Deed, the Complainant has now remarried and is no longer with the Petitioner No.2. It is stated that due to intervention of their friends and families, they have settled their differences considering their previous friendship and relationship. The medical expenses incurred during the treatment of the Petitioner No.2 has been borne by the Petitioner No.1. It is also stated that they do not hold any grudges against each other and desire to maintain their friendship.
3. Learned Legal Aid Counsel for the Petitioners confirms that no charges have been framed as yet by the Learned Trial Court.
4. In view of the Compromise Deed entered into between the Petitioners, as the issue involved is personal in nature, the Learned Additional Public Prosecutor also does not raise any serious objection.
5. The Compromise Deed is accepted. Proceedings before the Learned Trial Court is accordingly quashed.
6. A copy of this order be transmitted to the Learned Trial Court forthwith. Trial Court forthwith.
7. Crl. M.C. No.08 of 2023 stands disposed of.
( Bhaskar Raj Pradhan ) Judge Judge