- (1.) The present petition has been filed on behalf of Petitioners Surender Singh, Jai Parkash and Narender Kumar for quashing of FIR No. 389 dated 9.10.2010 under Sections 307/ 34 read with Section 25/54/59 of the Arms Act registered at Police Station Sadar Gurgaon and all subsequent proceedings arising therefrom on the basis of compromise annexed as Annexure P-2 with the petition.
(2.) Notice of motion was issued on 9th December, 2010. Vide order dated 31st January, 2011, parties were directed to appear before the Illaqa Magistrate on 11th February, 2011 for recording their statements with regard to compromise and Illaqa Magistrate was also directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. It was also directed to send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties. In compliance of the directions dated 31st January, 2011, report along with statements of the parties have been received from the Additional Chief Judicial Magistrate, Gurgaon which are on record. In the report, it has been stated that the parties were present before him and their statements were recorded. The statements were made without any pressure or coercion and as per their will. In the statement of the complainant it has been mentioned that the complainant has no objection in quashing of the FIR.
(3.) Learned Counsel for the Petitioners also submits that the compromise effected between the parties is genuine and the Petitioners are not habitual offender as no case is there against them.;