PHUCHUNG TSHERING BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) A joint petition on behalf of petitioners No. 1 and 2, who are husband and wife and petitioner No. 3, who is fatherin- law of petitioner No. 1, has been preferred for quashing the further proceedings of G.R. Case No. 09 of 2014 (State of Sikkim vs. Phuchung Tshering Bhutia) pending in the Court of Judicial Magistrate (West) at Gyalshing, on the ground that parties have entered into a compromise and it being a case arising out of matrimonial dispute, the proceedings be quashed.

(3.) It is stated in the petition that petitioners No. 1 and 2 were married in the year 1997 and they have two minor daughters from their wedlock. A Criminal Complaint was filed on 23.11.2013 by petitioner No. 3 against petitioner No. 1 and on that basis an FIR No. 57/2013 was registered on 23.11.2013 under Section 498A IPC. After completion of investigation, the police submitted a charge-sheet against petitioner No. 1 in the trial Court, where, it was registered as GR Case No. 09 of 2014. It is also stated that during the pendency of the criminal case, parties have amicably settled their dispute and at present the petitioners No. 1 and 2 are residing together with their minor daughters. Therefore, it has been prayed that further proceedings of GR Case No. 09 of 2014 be quashed.