After Gorkha Association Says It Won't Pursue Case, Sikkim High Court Quashes Non-Compoundable BNS Charges Against Two Men
The Sikkim High Court has quashed criminal proceedings against two men accused under Section 196(1)(a) of the Bharatiya Nyaya Sanhita (BNS), 2023, which deals with promoting enmity between different groups, after the Bharatiya Gorkha Parisangh (Sikkim State Branch) informed the Court that it did not wish to pursue the case further.
The Court held that, considering the nature of the offences, the joint compromise deed and the Court's interaction with the parties, the ends of justice would be served by quashing the proceedings, despite the non-compoundable nature of the offence under Section 196(1)(a) of the BNS.
Justice Bhaskar Raj Pradhan remarked that: “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.”
The petitioners, Sanjay Kandoi and Manoj Agarwalla, approached the Sikkim High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking quashing of an FIR registered at Ranipool Police Station under Sections 196(1)(a) and 352 of the Bharatiya Nyaya Sanhita (BNS), 2023.
They contended that the FIR did not disclose the essential ingredients of the alleged offences and was a counterblast, while also alleging that they had been assaulted and their complaint was not registered.
During the proceedings, the Bharatiya Gorkha Parisangh (Sikkim State Branch), the complainant organisation, informed the Court that it no longer wished to pursue the criminal case. The parties subsequently executed a joint compromise deed, expressing their willingness to settle the dispute amicably.
The Sikkim High Court noted that the offence under Section 196(1)(a) of the BNS is non-compoundable, whereas the offence under Section 352 is compoundable.
However, considering the nature of the offences, the circumstances in which they allegedly occurred, the joint compromise deed and the Court's interaction with the parties in person.
The Court held that the ends of justice would be served by quashing the criminal proceedings. Accordingly, the Court quashed the FIR, charge-sheet and all consequential proceedings.
Date of Decision: 28.10.2026