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HIGH COURT OF SIKKIM : GANGTOK
MEENAKSHI MADAN RAI
Deepam Pradhan – Appellant
Versus
Krishna Kumari Bhandari – Respondent
| Table of Content |
|---|
| 1. parties seeking quashing of criminal proceedings due to amicable settlement of underlying civil disputes. (Para 1 , 2 , 3) |
| 2. procedural applicability of bnss versus cr.p.c. for petitions filed after july 1, 2024. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. high court's inherent power under section 528 bnss to quash proceedings arising from private civil disputes. (Para 10 , 11 , 12) |
| 4. formal order quashing the fir and criminal trial proceedings. (Para 13 , 14 , 15) |
ORDER :
Meenakshi Madan Rai, J.
1. The present Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeks quashing of Pakyong PS Case, FIR No.31 of 2022, dated 16- 08-2022 and criminal proceedings in General Register Case No.208 of 2024 (State of Sikkim vs. Deepam Pradhan and Others), pending before the Court of the Learned Chief Judicial Magistrate, Pakyong.
2. Learned Counsel for the Petitioners submitted that, the aforementioned FIR arose out of a land dispute between the Petitioners herein and the two Private Respondents, who are boundary holders of landed property situated adjacent to each other. The Respondent No.1 filed the FIR at the Pakyong Police Station, on 16
The High Court may exercise inherent jurisdiction to quash criminal proceedings involving non-compoundable offences if the underlying dispute is essentially civil and parties have reached an amicable....
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.
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