Satish K. Agnihotri, J.

This is a petition preferred by the husband and wife to quash the FIR, bearing No. 261/2015 dated 05th October 2015, lodged by the wife against the husband and consequential criminal case pending on the file of the Chief Judicial Magistrate, East Sikkim at Gangtok.

2. The brief facts, as narrated by the petitioners, are that the second petitioner was legally married wife of the first petitioner and living together at M.G. Marg, below Hotel Bayul, Gangtok. As stated in the FIR, the first petitioner used to torture, harass and beat the second petitioner regularly. On 4th October 2015 at about 10.30 PM, she was beaten and her neck was throttled which might have led to her death. Further, the first petitioner picked up a kitchen knife and also attempted to stab her. Cognizance of the report was taken and a criminal case, being GR Case No. 109 of 2016, was registered against the first petitioner under Sections 498A/352/323 of the Indian Penal Code, 1860 (for short, “IPC”). As required, proper investigation was done before filing the charge-sheet on 27.04.2016. The petitioners have jointly stated that after the said incident, both of them started living peace