Manish v. State Of Haryana And Another

Mr. Manish Dhankhar, Advocate for respondent No.2.

"The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Notice of motion.

-2At this stage, Ms. Priyanka Sadar, AAG, Haryana, has put in appearance on behalf of respondent No.1-State and accepts notice.

Mr. Manish Dhankhar, Advocate has appeared and filed vakalatnama on behalf of respondent No. 2.The same be taken on record.

The parties are directed to get their statements recorded qua the factum of compromise in the following manner:

(i) The petitioner shall appear before the trial Court/Illaqa Magistrate concerned on 29.01.2024 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioner as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.

(ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer.

(iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate. After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion.

The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:

(i) Whether there is any other accused other than the petitioners, arrayed in this petition?

(ii) Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition?

(iii) Whether any accused has been declared Proclaimed Offender?

-3The report be submitted before this Court before the next date of hearing i.e. 05.03.2024."

As per report of Investigating officer and as per final report under Section 1. 173(2) Cr.P.C. there is only one accused by the name of Manish in the case.

2.

As per report of Investigating officer and as per final report under Section 173(2) Cr.P.C. there is only one complainant namely Komal in the case.

3.

As per report of Investigating officer the accused has not been declared as proclaimed offender and neither is he absconding.

4.

With respect to the genuineness, authenticity and veracity of the compromise, it is submitted that parties were questioned orally whether they are voluntarily settling the matter to which they replied in the affirmative. Further, from the demeanor of the parties also they did not appear to be under any coercion or undue influence. Therefore, prima-facie it appears that the compromise arrived at between the parties is genuine, voluntarily, valid and without any coercion or undue influence.

3Accordingly, the abvoesaid report along-with original statements of the parties and the investigating officer is enclosed herewith for your kind perusal as directed. Report is accordingly submitted please."

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