INDERJIT SINGH, J. - (1.) THIS petition has been filed by petitioner Sahara India Commercial Corporation Limited (hereinafter referred to as 'the Company') through Bhupendra Narayan Singh under Section 482 Cr.P.C. for quashing of FIR No.456 dated 17.9.2013 (Annexure -P.1) registered for the offences under Sections 188, 427 and 336 IPC at Police Station Palam Vihar, District Gurgaon and all other subsequent proceedings arising therefrom, on the basis of compromise dated 4.10.2013 (Annexure -P.3).
(2.) AS the buffalo of respondent No.2 fell in an open well, which was dug out near the guard room of Sahara India Limited Company (petitioner), he lodged the above FIR against the Company. Respondent No.2 alleged that the well constructed on the premises of the Company, was on ground level and was covered with grass and plants and due to this reason, the said incident had taken place. He on certain previous occasions had warned the Company officials about illegal construction of the well. Now the petitioner -Company have in furtherance to the letter and affidavit as provided to by respondent No.2, have also entered into a Memorandum of Settlement dated 4.10.2013 (Annexure -P.3) and the matter has been compromised amicably between the parties. On 8.10.2013, learned Illaqa Magistrate was directed to send a report with regard to the genuineness/validity or otherwise of the settlement/compromise (Annexure -P.3) after recording the statements of all the concerned parties.
(3.) IN compliance of the above, the learned Judicial Magistrate Ist Class, Gurgaon has sent his report vide letter dated 24.1.2014, wherein statements of complainant Ravi Rana and authorized representative of accused -petitioner (Kuldeep Rana) have been recorded. It has been stated that the Company has issued authority letter to him to give statement in this case and the same is on the case file. The complainant has admitted the factum of compromise with the accused -petitioner. He has also admitted that said compromise was effected without any fear, pressure etc. and he has no objection if above said FIR is quashed.;