HANUMAN PRASAD Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) Instant petition has been filed under Sec. 482 Cr.P.C. praying for quashing of FIR No.287, dtd. 10/11/2019, under Ss. 354, 354-A, 506 of IPC, at Police Station Industrial Area, Chandigarh along with subsequent proceedings arising therefrom on the basis of compromise dtd. 28/2/2021 (Annexure P-2). FIR in question was got registered by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Compromise Deed, annexed as Annexure P-2. On the basis of the compromise, the petitioner is invoking the inherent power of this Court by praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.

(2.) This Court vide order dtd. 15/3/2021 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report.

(3.) In pursuance of the same, learned Chief Judicial Magistrate, Chandigarh has sent his report dtd. 8/4/2021 to this Court. With the report he has also annexed the photocopies of statement of complainant/respondent No.2-Kavita Rawat, and statement of petitioner namely, Hanuman Parshad recorded on 8/4/2021. On the basis of the statements, learned Chief Judicial Magistrate, Chandigarh has concluded in the report that the compromise between the parties is genuine, without any fear, pressure or undue influence. It is further mentioned that accused was not declared proclaimed offender in this case.