Sanjay Kandoi and Anr. vs State of Sikkim and Anr.

Court
High Court of Sikkim

CNR No. SKHC01-000224-2026

THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Jurisdiction)

---------------------------------------------------------------------------------------------
SINGLE BENCH : THE HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
---------------------------------------------------------------------------------------------

Crl. M.C. No.17 of 2026

1. Shri Sanjay Kandoi,
S/o of Late Shri Om Prakash Kandoi,
R/o Chatribari, Guwahati,
Assam – 781001.

2. Shri Manoj Agarwalla,
S/o Shri Mahabir Prasad Agarwalla,
R/o Raiganj, Uttar Dinajpur,
West Bengal – 733134. ... Petitioners
versus
1. The State of Sikkim,
Through the Secretary,
Home Department,
Government of Sikkim,
Gangtok, Sikkim.

2. Bharatiya Gorkha Parisangh (Sikkim State Branch),
Through its President,
Shri Chunni Lall Ghimirey,
Having its office at Bodhigrih,
Namnang, Gangtok, Sikkim ... Respondents

Petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023

{Quashing of FIR No.09/2026, dated 15.02.2026, registered at Ranipool Police Station, East
Sikkim under Section 196(1)(a) and 352 of the Bharatiya Nyaya Sanhita, 2023, and all
proceedings emanating therefrom including the Charge-Sheet No.08 of 2026, dated
15.04.2026 and G.R. Case No.59 of 2026 pending before the Court of the Learned
Chief Judicial Magistrate, Gangtok}.

------------------------------------------------------------------------------
Appearance:
Mr. Dechen Wangdi Lachungpa, Advocate and Ms. Asmita Poudyal,
Advocate for the Petitioners.

Petitioners No.1 and 2 are present through VC .

Mr. S. K. Chettri, Additional Public Prosecutor for the Respondent No.1.

Respondent No.2 present in person.
------------------------------------------------------------------------------
Date of hearing : 27-10-2026
Date of Judgment : 27-10-2026
Date of uploading : 28-10-2026
------------------------------------------------------------------------------

Page 1 of 4

Crl. M.C. No.17 of 2026

Sanjay Kandoi and Another vs. State of Sikkim and Another
JUDGMENT (ORAL)
Bhaskar Raj Pradhan, J.
1. Mr. Sanjay Kandoi and Mr. Manoj Agarwalla has invoked
the provision of Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter, the “BNSS”), for quashing of FIR
No.09/2026, dated 15-02-2026 (the FIR), registered at Ranipool Police
Station, East Sikkim, under Sections 196(1)(a) and 352 of the
Bharatiya Nyaya Sanhita, 2023 (hereinafter, the “BNS”) and all
proceedings emanating therefrom including the Charge-Sheet No.08 of
2026, dated 15-04-2026 and G.R. Case No.59 of 2026 pending before
the Court of the learned Chief Judicial Magistrate, Gangtok.
2. In the said petition various grounds were taken by the
petitioners including him being assaulted and failure of the registration
of their First Information Report (FIR). It was also contended that the
FIR does not disclose the essential ingredients of the offences and it
was a counterblast.
3. Pursuant to the notice issued the respondent no.1 is
represented by Mr. S. K. Chettri, learned Additional Public Prosecutor
and respondent no.2 which is Bharatiya Gorkha Parisangh (Sikkim
State Branch) is represented by Mr. Chunni Lall Ghimirey who is its
President.
4. During the course of hearing on 14-10-2026, Mr. Chunni
Lall Ghimirey representing respondent no.2 submitted that the
respondent no.2 did not desire to pursue the FIR and the criminal
proceedings pending before the learned Chief Judicial Magistrate,
Gangtok, any further. Opportunity however was granted to the parties
to place a compromise deed on record.

Page 2 of 4

Crl. M.C. No.17 of 2026

Sanjay Kandoi and Another vs. State of Sikkim and Another
5. I.A. No.02 of 2026 is an application filed by the petitioners
placing on record the compromise deed dated 15-10-2026 between
the parties including the authorization letter in favour of Mr. Chunni
Lall Ghimirey given by respondent no.2, dated 14-10-2026. The joint
compromise deed dated 15-10-2026 is signed by the parties in the
presence of the witnesses named therein and the terms of compromise
are set out hereinbelow;
“ …………………………………………………………………………………………………..
TERMS OF COMPROMISE
1. The parties state that, in relation to FIR No. 09
of 2026 dated 15-Feb-2026, registered at
Ranipool Police Station, Sikkim, Charge-sheet
No. 08 of 2026 dt. 15-Apr-2026, and the
consequential proceedings in G.R. Case No. 59
of 2026 before the learned CJM, Gangtok, the
matter has been amicably settled between them.
2. The First Party states that it does not wish to
pursue the aforesaid matter further against the
Second Party and has no objection to the
quashing of the aforesaid FIR, charge-sheet and
all consequential proceedings, in accordance with
law.
3. The parties have voluntarily entered into this
compromise of their own free will, without any
force, coercion, undue influence or pressure from
any quarter.
4. The parties jointly agree that this Compromise
Deed may be placed on record before the Hon'ble
High Court of Sikkim at Gangtok, including in
Criminal Miscellaneous Case No. 17 of
2026 ( filed by the accused persons seeking
quashing of the FIR and consequential
proceedings including the Charge-sheet and the
GR Case No. 59 of 2026 in the Court of the Ld
Chief Judicial Magistrate ), for consideration and
appropriate orders in accordance with law.
5. The parties undertake to abide by the terms of
this compromise and to extend their cooperation
for the lawful disposal of the aforesaid
proceedings.
………………………………………………………………………………………………….. ”
6. The offence under Section 196(1)(a) of the BNS is a
cognizable offence which is non-bailable and non-compoundable
however Section 382 of the BNS is a compoundable offence.
7. Keeping in view the nature of the offences and the manner
in which the offences is said to have taken place and on examination
of the joint compromise deed as well as interaction with the parties in

Page 3 of 4

Crl. M.C. No.17 of 2026

Sanjay Kandoi and Another vs. State of Sikkim and Another
person, I am of the considered view that justice would be best served
if the criminal proceedings emanating from the FIR could be quashed
and is accordingly so ordered.
8. Crl. M. C. stands disposed of.
9. Pending applications, if any, also stand disposed of.


(Bhaskar Raj Pradhan)
Judge




Approved for Reporting : Yes



sdl

Page 4 of 4