MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of the present petition, filed under Sec. 482 Cr.P.C., the petitioners have prayed for quashing of FIR No. 82 dtd. 25/6/2011, under Ss. 323, 325, 452, 34 of the IPC, registered at Police Station Bhupani, District Faridabad (Annexure P-1) and all the subsequent proceedings arising therefrom, on the basis of the compromise (Annexure P-4) entered into between the parties.

(2.) Vide order dtd. 2/11/2018, 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 and whether any accused person is involved in any other FIR. The trial Court was also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR.

(3.) A report dtd. 20/12/2018 has been submitted by the Additional Chief Judicial Magistrate, Faridabad, wherein it has been reported that statement of the petitioners 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 has also recorded the statement of the Investigating Officer HC Sunil Kumar who has stated that initially there were total seven accused, however, during investigation, accused Satbir @ Sattey and Parveen were found innocent and challan was filed only against five accused (petitioners herein). He has further stated that none of the petitioners has been declared proclaimed offender and there is no other complainant/victim in this FIR except the present one.