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HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Deepam Pradhan – Appellant
Versus
Krishna Kumari Bhandari – Respondent
| Table of Content |
|---|
| 1. request to quash fir based on civil dispute settlement. (Para 1 , 2 , 3) |
| 2. applicability of bnss vs crpc for pending/new proceedings. (Para 5 , 6 , 7 , 8 , 9) |
| 3. power to quash fir involving civil disputes settled amicably. (Para 10 , 11 , 12) |
| 4. final order quashing the fir and criminal 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 16-08-2022, alleging that on 13-08-2022 the Petitioners No.1, 4, 5, 7 and their domestic help came to the house of the Respondents No.1 and
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