AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. is for quashing of FIR No.414 dated 28.10.2010, registered under Sections 148, 149, 323, 325, 506 of the Indian Penal Code (for short, 'the IPC') and Section 307 IPC (subsequently added), at Police Station City Bahadurgarh, District Jhajjar, and all consequential proceedings arising therefrom, on the basis of compromise.

(2.) THIS Court, vide order dated 17.01.2013, directed the parties to appear before the trial Court and make statements with regard to the compromise. In pursuance thereof, the parties appeared before the learned District and Sessions Judge, Jhajjar, and the learned Judge, vide report dated 14.02.2013, has observed that respondent Nos.3 and 4, namely, Naresh and Sanjay, respectively, made a statement to the effect that Annexures P-3 and P-4, the affidavits, were not sworn by them. Rather, their signatures had been obtained on the blank paper on the pretext that these were required for getting their presence marked in the Court. The learned Court has categorically referred in the report that it was of the considered opinion that the affidavits, Annexures P-2 to P-5, had not been sworn by the deponents, i.e., respondent Nos.2 to 5, out of their free will and the alleged compromise also does not seem to be genuine.

(3.) FROM the contents of the report and the reply filed by the State, this Court is of the view that the compromise reached between the parties is not out of free volitions and appears to have been made under pressure.