Sikk HC | Criminal proceedings initiated under Ss. 186, 290 and 353 of IPC found non-heinous and quashed, as parties entered into a compromise

Sikkim High Court: Arup Kumar Goswami, CJ. quashed a criminal case under Section 482 of the Code of Criminal Procedure, 1973.

In the present case, the respondent filed an FIR as the petitioner insulted the respondent, where there was a possibility of her getting hit. A case was registered under Sections 186, 353, 509 of the Penal Code, 1860. At the time of trial, the Sessions Judge held that there was no material to frame charge under Section 506 of IPC and the said petition was modified. The petitioner also filed a Private Complaint in a police station against the respondent which was pending in the Court of Judicial Magistrate. The respondent filed a revision application to stop the court from summoning her which was dismissed.

Advocate, Simeon Subba appearing on behalf of the petitioner submitted that the parties had resolved their differences and a deed of compromise was entered into by and between them which stated that the petitioner will withdraw the Private Complaint Case and the respondent will not object to the application filed by the petitioner. Therefore, the General Registered Case pending in the Magistrate’s Court should be quashed.

Jorgay Namka, Advocate appearing on behalf of the respondent also submitted the same.

The High Court with respect to the above observed that the petitioner was facing charges under Sections 186, 290 and 353 of the IPC which were non-compoundable offences. The Court further relied on the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303 where it was held that a Court can quash proceedings in a non-compoundable proceeding where it is of the opinion that continuation of the criminal proceedings will be pointless and against the process of securing justice. The Supreme Court also cautioned that such power is to be exercised keeping in mind the nature and gravity of the crime.

Further, adding to its observation, the High Court, said that the offence was not heinous and serious and since the parties had amicably resolved their differences, it would be against the interest of justice to not quash the criminal proceeding against the petitioner and therefore, the case was quashed. [Krishna Lall Timsina v. Kanu Priya Rai, 2019 SCC OnLine Sikk 196, decided on 02-12-2019]

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