AARTI SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the petition under Sec. 482 Cr.P.C. is for quashing of FIR No.324 dtd. 14/3/2020, registered under Ss. 406/420/506 IPC and Sec. 10, Immigration Act, at Police Station Thanesar City, District Kurukshetra, along with all consequential proceedings emanating therefrom, on the basis of compromise/affidavit, Annexure P/2, dtd. 11/12/2020.

(2.) Learned counsel contends that the aforementioned FIR was lodged by complainant-respondent No.2 against the petitioners and one Vijay Kumar, but now with the intervention of respectable members of the society and due to the impending marriage of petitioner No.1, the matter had been amicably settled and complainant-respondent No.2 has given an affidavit, Annexure P/2, dtd. 11/12/2020 that he has no objection, if the FIR in question against the petitioners is cancelled/quashed.

(3.) Vide order dtd. 15/2/2021, parties were directed to put in appearance before the learned Ilaqa Magistrate/Duty Magistrate, concerned on 1/3/2021 for recording of their statements in terms of compromise/affidavit (Annexure P/2) dtd. 11/12/2020. Pursuant to recording of statement of the parties, report has been submitted by the learned Chief Judicial Magistrate, Kurukshetra that the petitioners namely, Aarti Saini, Jagir Singh and Arvind Kumar, as well as complainant-Aman Kumar appeared along with their respective counsel, and made a statement that the dispute between the parties had been resolved amicably, voluntarily and without any coercion, pressure or undue influence, that the compromise was genuine and bona fide, that all the conditions of the compromise had been complied with and nothing was due to the complainant/respondent No. 2 and further that there was no cross-case pending between them in any Court, and that the complainant/respondent No. 2 had no objection if the FIR in question was quashed. Likewise, statement was made by the Investigating Officer SI Anil Kumar that as per the record, there were 04 accused, that apart from the petitioners, Vijay Kumar was the fourth accused, none of the accused had been declared as proclaimed offender and investigation in the case was still pending and challan had not been filed.