[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of decision: 26.09.2016 [ENTITY] Petitioner (s) V/s [ENTITY] & another Respondent(s) CORAM:- HON'BLE MR. JUSTICE HARI [ENTITY] Present:- Mr.[ENTITY], Advocate for the petitioner. Mr. [ENTITY], AAG, Haryana. None for respondent No.2. HARI [ENTITY], J.(Oral)
Prayer in this petition is for quashing of FIR No.53 dated 20.03.2012 for offence under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], registered at Police Station Faridabad NIT, District Faridabad and all consequential proceedings arising therefrom on the basis of compromise/affidavit of respondent No.2 dated 20.05.2016 (Annexure P-4).
This Court vide order dated 30.05.2016 had directed the parties to appear before the Illaqa Magistrate/trial Court to get their statements recorded with regard to compromise and the Illaqa Magistrate/trial Court was directed to submit its report qua the genuineness of the compromise.
Pursuant to the aforesaid order dated 30.05.2016, the parties have appeared before learned Judicial Magistrate Ist Class, Faridabad and 1 of 3 got their statements recorded. On the basis of the statements so recorded, learned Magistrate has forwarded report dated 10.08.2016 to the effect that the parties have willfully settled their differences and reached at a bona fide compromise without any pressure and the same is genuine.
Though, today no one is present on behalf of respondent No.2- complainant, but no prejudice would be caused to him, as he has already suffered a statement with regard to validity of the compromise before learned Magistrate on 19.07.2016. The said statement reads as under:-
"Stated that the present matter has been settled between the parties amicably and voluntarily without any force, pressure or any sort of undue influence. No grievance remains against the accused qua the complainant. I have condoned all the acts of the accused. I do not want to pursue the present case/FIR against the accused [ENTITY]."
Apart from the statement of the complainant-respondent No.2- [ENTITY], whereby he has shown no objection to the FIR being quashed, there is nothing on record to doubt the genuineness of the compromise, as arrived between the parties. Thus, no useful purpose would be served to continue with the proceedings in the instant FIR.
Learned counsel for the State counsel does not dispute the factum of compromise entered between the parties.
Accordingly, following the principles laid down by the Full Bench judgment of this Court in [PRECEDENT], as approved by the Hon'ble Supreme Court in [PRECEDENT], this petition is allowed and FIR No.53 dated 2 of 3 20.03.2012 for offence under [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], registered at Police Station Faridabad NIT, District Faridabad and all other consequential proceedings arising therefrom, are quashed, qua the petitioner, in view of the compromise/affidavit of respondent No.2 dated 20.05.2016 (Annexure P-4).
26.09.2016 [HARI [ENTITY]] Anjal JUDGE Whether speaking/reasoned? Yes/No Whether reportable? Yes/No 3 of 3