Alliance Jmr Land Projects Pvt Ltd v. State Of Haryana
2020-11-02
LISA GILL
body2020
DigiLaw.ai
JUDGMENT Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19. 2. Prayer in this petition is for quashing of FIR No.255 dated 25.06.2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, registered at Police Station Sushant Lok, District Gurugram (Annexure P-1), along with consequential proceedings arising therefrom on the basis of a compromise dated 29.07.2020 (Annexure P-7), arrived at between the parties. 3. With the intervention of respectables and relatives, a compromise has been arrived at between the parties, the terms of which were reduced into writing on 29.07.2020. The parties wish to live in peace and harmony and put an end to the acrimony between them. The present petition has been filed on the basis of this compromise. 4. This Court on 28.08.2020 directed the parties to appear before learned trial court/Illaqa Magistrate for recording their statements in respect to the above-mentioned compromise. Learned trial court/Illaqa Magistrate was directed to submit a report regarding the genuineness of the compromise, as to whether it has been arrived at out of the free will and volition of the parties without any coercion, fear or undue influence. Learned trial court/Illaqa Magistrate was also directed to intimate whether any of the petitioners are absconding/proclaimed offenders and whether any other case is pending against them. Information was sought as to whether all affected persons are a party to the settlement. 5. Pursuant to order dated 28.08.2020, the parties appeared before the learned Chief Judicial Magistrate, Gurugram and their statements were recorded on 23.10.2020. Respondent No.2 in her statement recorded on 23.10.2020 has specifically stated that the matter has been amicably resolved between the parties, as per settlement (Ex.C1). The complainant, it is stated, has received the amount of Rs.24 lakhs from the accused persons. It is further stated that she would withdraw the rent recovery matter pending before the Courts at Gurugram and that she has no grievance against the accused companies/responsible person. It is further stated that compromise has been effected out of her own free will, without any pressure or coercion. Respondent No.2 stated that she has no objection to the quashing of the abovesaid FIR qua the petitioners. Statements of the petitioners in respect to the compromise were also recorded. 6.
It is further stated that compromise has been effected out of her own free will, without any pressure or coercion. Respondent No.2 stated that she has no objection to the quashing of the abovesaid FIR qua the petitioners. Statements of the petitioners in respect to the compromise were also recorded. 6. As per report dated 23.10.2020 received from the learned Chief Judicial Magistrate, Gurugram, satisfaction is expressed that the compromise between the parties is genuine, arrived at out of free will of the parties, without any coercion or undue influence. Statements of the parties are appended alongwith the said report. 7. Learned counsel for respondent No.2 reaffirms and verifies the factum of settlement between the parties. It is reiterated that respondent No.2 has no objection to the quashing of the abovementioned FIR against the petitioners. 8. Learned counsel for the State submits that as the parties have amicably resolved the matter in order to maintain peace and harmony, the State has no objection to the quashing of this FIR on the basis of a settlement arrived at between the parties. 9. In Kulwinder Singh and others versus State of Punjab and another, (2007) 3 RCR(Cri) 1052 , a five member Bench of this Court has observed as under:- "The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Criminal Procedure Code is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice". 10. Keeping in view the facts and circumstances of this case, it would be in the interest of justice to quash the abovesaid FIR as no useful purpose would be served by continuance of the present proceedings. It will merely lead to wastage of precious time of the court and would be an exercise in futility. 11. This petition is, thus, allowed and FIR No.255 dated 25.06.2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, registered at Police Station Sushant Lok, District Gurugramalongwith all consequential proceedings are, hereby, quashed.