The court affirmed that under Section 482 Cr.P.C., FIRs can be quashed based on voluntary compromises, emphasizing caution in serious offences.

JUDGMENT

Sumeet Goel, J.

By way of present petition, the petitioner is seeking quashing of FIR No.158 dated 18.11.2020 under Sections 498A, 376, 377, 323, 506, 34 of IPC, registered at Women Police Station, Faridabad, District Faridabad and all consequential proceedings arising therefrom on the basis of Memorandum of Understanding dated 17.05.2023 (Annexure P-4), which is stated to have been effected between the parties.

2. On 14.03.2024, the following order was passed:

"(The case has been taken up through Video Conferencing)

The petitioner has approached this Court seeking quashing of FIR (Annexure P-2) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

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 20.03.2024 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statement 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 statement 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?

The report be submitted before this Court before the next date of hearing i.e. 16.04.2024."

3. Pursuant to the aforesaid order, report dated 08.04.2024 from Judicial Magistrate 1st Class, Faridabad has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-

"The complainant as well as accused have suffered their statements voluntarily and without any coercion or undue influence, thus, the compromise arised between parties appears genuine.

The specific report on the requisite points is as under:

Point (1): Whether there is any other accused other than the petitioners, arrayed in this petition?

Report: Yes, two other accused namely Nand Kumar Rai and Roshani and they were found innocent and put in coloum no.2.

Point (2): Whether there is any other complainant or a