Augustine George Masih, J. - (1.) PRAYER in this petition is for quashing of FIR No.75 dated 03.03.2010 registered under Sections 406, 498 -A, 506 IPC at Police Station Sohna, District Gurgaon on the basis of compromise dated 01.07.2010 (Annexure P -2).
(2.) COUNSEL for the petitioners states that challan has been presented in Court and the parties have entered into a compromise. It is a matrimonial dispute. After the compromise, the complainant Basgari -respondent No.2 is residing with petitioner No.1. As of now, there is no dispute between the parties and the complainant has no objection to the quashing of the FIR which has been registered at her behest. The case was taken up for hearing on 25.07.2011 and the following order was passed: On request of learned counsel for respondent No.2, adjourned to 22.11.2011. Meanwhile, parties are directed to be present before the Trial Court on 26.08.2011 or any other date convenient to the court for recording their statements with regard to compromise. The trial court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not a result of any pressure or coercion in any manner. It shall then send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case is pending against either of the parties or not before the next date of hearing.
(3.) IN compliance with this order, report has been submitted by Judicial Magistrate Ist Class, Gurgaon. The report reads as follows: I have the honour to submit that in compliance of the above said order dated 25.07.2011 petitioners Mushtak son of Deenu, Deenu son of Rujdar, Farima wife of Deenu and Akhtari daughter of Deenu appeared before the undersigned being the trial court. Basgari wife of Mustak, complainant in FIR No.75 dated 03.03.2010 under Section 406, 498 -A/506 of Indian Penal Code, P.S. Sohna, has made the statement that she has got registered the abovesaid FIR against the Mushtak who is her husband and other family members of Mustak. But after the registration of above said FIR she has entered into compromise and she has no objection if the said FIR is quashed by the Hon'ble High Court, vide her statement dated 10.09.2011. The said Mustak son of Deenu has also made a statement that the compromise has been effected and his wife is living with him. From the statements of above said both the parties I am fully satisfied that the statements are not the result of any pressure or coercion and have been made willfully after the compromise.;