Mahavir S. Chauhan, J. - (1.) HEARD . FIR in this case was recorded on the statement of Manish Kumar, respondent No. 2, wherein, it was alleged that he, and his friend, while riding a motor cycle, were hit by a car, bearing registration No. DL -3C -AA -3645, which was being driven by the petitioner and on account of the hit, his friend received simple and he (the complainant) suffered grievous injuries. Even bones of his right and left feet were fractured. The FIR was recorded under 279/338 of the Indian Penal Code, 1860 (for short, 'IPC').
(2.) BY way of the instant petition under Section 482 of the Code of Criminal Procedure (for short," 'Cr.P.C.'), petitioner claims quashing of the aforesaid FIR, i.e., FIR No. 309 dated 27.6.2009, recorded at Police Station Central, Faridabad, under Sections 279/338, IPC, on the plea that offence under Section 338, IPC, has been allowed to be compounded by the learned trial Court vide order dated 19.8.2011 but offence under Section 279 IPC remains as non compoundable. However, the petitioner claims to have settled the matter with the complainant vide deed of compromise dated 19.8.2011 (Annexure P3). Vide order dated 21.8.2012, parties were directed to appear before the learned trial Court and the trial Court was directed to examine them to find out, if the compromise (Annexure P3) is outcome of free consent of the parties and is without coercion and if the compromise is genuine. A report dated 4.9.2012 has been received from the Judicial Magistrate Class -1, Faridabad, wherein it is recorded that from the statements of the parties, learned Magistrate was satisfied that the parties have compromised the matter without any fear or threat and the compromise is voluntary.
(3.) COMPLAINANT -respondent No. 2, who is represented through counsel, owns the compromise and learned State counsel also has no objection to the quashing of FIR.;