JULIAN SINHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition, filed under Section 482 Cr.P.C., the petitioner has prayed for quashing of FIR No. 847 dated 26.11.2016 (Annexure P-1) under Sections 66 (d) of I.T.Act, 2000 and Sections 406, 419 and 420 of Indian Penal Code registered at Police Station Sector-5, Gurgaon (Haryana) and the proceedings arising therefrom, on the basis of the affidavit/compromise (Annexure P-2) entered into between the parties.

(2.) Pursuant to the notice of motion order issued on 04.10.2018, respondent No.2 appeared in person and admitted that indeed she had received Rs.2,90,500/- from the petitioner. It was also not dispute that affidavit (Annexure P-2) was given by her. It was at that stage, the parties were directed to appear before the trial Court/Illaqa Magistrate on 20.12.2018 for recording their statements in support of compromise.

(3.) Pursuant to the order dated 03.12.2018, the parties had appeared and the statements were recorded. The report dated 07.01.2019 by the Judicial Magistrate First Class, Gurugram has been received and in statement of respondent No.2 before Judicial Magistrate First Class, Gurugram, she retracted from her stand adopted before this Court on 03.12.2018. Before the Court she stated that affidavit was given only for the purposes of bail and on the basis of the same, the accused was released. She altered her stand and expressed her willingness to continue with the prosecution of the petitioner on the ground that she does not want to compromise with the accused. After receipt of the report, the matter was taken up again on 10.01.2019 and it was noticed that the stand adopted by the complainant-respondent No.2 is misleading and she retracted from her stand on compromise. Respondent No.2 was directed to appear in person to offer her an explanation as to why contempt proceedings be not initiated against her.