AKASH BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present petition, the petitioners seek quashing of FIR No.44/19 dated 23.06.2019 registered under Sections 120-B and 420 IPC and Sections 66 and 72 of the Information Technology Act, 2008 at Police Station Cyber Crime, Gurugram (Annexure P-1) as well as all the subsequent proceedings arising therefrom on the basis of compromise. Petitioner No.1 is the complainant, whereas petitioners No.2 and 3 are the accused in the aforesaid FIR.

(2.) Vide order dated 03.09.2019, notice of motion was 1 of 8 issued and proceedings before the trial Court were stayed till the next date of hearing i.e. 03.12.2019. On 03.12.2019, petitioners were directed to appear before Area Magistrate upto 17.12.2019 to record their statements in terms of settlement arrived at between them. The Magistrate was also directed to get itself fully satisfied with regard to the identity of the complainant in the FIR and to sent its report on the authenticity of the compromise.

(3.) In pursuance of aforesaid order dated 03.12.2019, a report dated 16.12.2019 has been received from the Judicial Magistrate, Ist Class Gururam after recording statements of the petitioners. As per report, the Court has verified that the parties have entered into a compromise and their statements to that effect have been recorded. On oral inquiry, both the parties have stated before the Court that the matter has been amicably settled without any pressure. The Court has specifically inquired from the complainant about the veracity of the compromise. The complainant has voluntary without any pressure endorsed the factum of compromise. The Court vide its report has also recorded its satisfaction that the matter has been settled amicably, voluntarily and without any pressure or coercion.