LAWS(P&H)-2021-3-118

ASHISH KUMAR Vs. STATE OF HARYANA

Decided On March 24, 2021
ASHISH KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) By way of the present petition, filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of FIR No.527 dated 9.7.2015, registered under Sections 420, 467, 468, 471, 34 IPC at Police Station Sirsa City, District Sirsa as well as all the subsequent proceedings arising therefrom, on the basis of the compromise entered into between the parties.

(2.) Vide order dated 8.2.2021, the parties were directed to appear before the trial Court and the trial Court was directed to record the statements of the parties and submit a report regarding number of persons arrayed as accused in the FIR; whether any accused is proclaimed offender; whether the compromise is genuine, voluntary and without any coercion or undue influence; whether the accused persons are involved in any other FIR or not and the trial Court was also directed to record the statement of the Investigating Officer.

(3.) A report dated 2.3.2021 has been submitted by the Chief Judicial Magistrate, Sirsa, wherein it has been reported that statements of the petitioner and respondent No.2 have been recorded and statements made by the parties in the Court reveal that they have voluntarily entered into a compromise and the Court is satisfied that the parties have amicably settled their dispute without any fear, pressure, threat or coercion and out of their free will. The trial Court also recorded the statement of ASI Inder Sain/Investigating Officer, wherein he has stated that there are three persons arrayed as accused, however, challan has been filed against two accused persons, namely, Ashish Kumar, the present petitioner and Naresh Kumar Rathi. He further stated that the bail of petitioner Ashish Kumar was granted vide order dated 15.10.2020 passed in CRM-M-31914-2020 and the accused furnished his bail bonds on 27.10.2020 and, at present, he is on bail. He further stated that there is only one complainant, namely, Balbir Singh.