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2017 Supreme(Sikk) 85

BHASKAR RAJ PRADHAN
Thinlay Dorjee – Appellant
Versus
State of Sikkim – Respondent


Advocate Appeared:
For the Appellant :Mr. A. K. Upadhayaya, Senior Advocate with Ms. Aruna Chhetri and Ms. Hemlata Sharma, Advocates
For the Respondent: Mr. Karma Thinlay, Mr. S.K. Chettri and Ms. Pollin Rai, Adv

ORDER :

Bhaskar Raj Pradhan, J.

Crl. Misc. Case No.10 of 2017 has been preferred seeking to invoke the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioners are the accused, the complainant and the victim respectively. The State of Sikkim is the respondent. The petitioners prays that FIR No. 29 of 2016 dated 03.06.2016 and its subsequent proceedings i.e., G.R. Case No. 24 of 2016 (State of Sikkim v. Shri Thinlay Dorjee) be quashed in terms of the deed of compromise dated 11.06.2016 entered between one Krishna Chettri, petitioner No. 2/complainant and Thinlay Dorjee, petitioner No. 1/accused in the above mentioned Criminal Misc. Case on 29.07.2017. The deed of compromise records: “1. That the Party of the Second Part on 03.06.2016, on his way back to Bhutan collided with a Scooty bearing Registration No. WB 74 AF 6438, wherein one Mr. Hari Chhetri, S/o Late B.B. Chhetri (Rider of the said Scooty) and the pillon rider Mr. Ram Bahadur Chhetri, S/o Late H.B. Chhetri got injured. Accordingly the Party of the First Part being the brother of the injured persons lodged a complaint before the Singtam Police Station and on the basis

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