- (1.) Prayer in the captioned two petitions is for quashing of FIR No. 92, dated 20.5.2009 (Annexure P-1), under Sections 148, 323 and 325 read with Section 149, IPC, registered at Police Station, Naraingarh, District Ambala, and all the consequential proceedings arising therefrom, on the basis of the compromise (Annexure P-2).
(2.) Vide order dated 12.9.2013, passed in CRM-M-30571 of 2013, the affected parties were directed to appear before the learned Trial Court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to determine the authenticity of the compromise arrived at between the parties and the fact that it has been reached without any pressure or undue influence and to send its report to this Court. A similar direction was issued vide order dated 29.9.2014 passed in CRM-M-31984 of 2014.
(3.) In compliance of the above orders, total 8 petitioners of both the petitions as well as five respondents (common in both the petitions) did appear before learned Judicial Magistrate Ist Class, Naraingarh, and got recorded their statements with regard to the compromise. The copies of the statements suffered by both the private factions have been received along with the reports dated 10.10.2013 and 12.11.2014, sent by the learned Judicial Magistrate Ist Class, Naraingarh, in compliance of the orders dated 12.9.2013 and 29.9.2014 passed by this Court. The operative portions of the reports dated 10.10.2013 and 12.11.2014, received from the learned Judicial Magistrate Ist Class, Naraingarh, are reproduced as under:- REPORT DATED 10.10.2013: " ...in the present case statements of the complainants as well as accused except accused Chaman Lal Son of Lachhman and Vikas son of Chaman Lal were recorded on 28.09.2013. Complainant, namely, Naresh Kumar, Vinod Kumar, Amit Kumar, Rajesh Kumar and Rahul made the statements that a compromise was effected between them and the accused except accused Chaman lal son of Lachhman and Vikas son of Chaman Lal. Hence they have no objection if the criminal proceedings against the accused persons are quashed. Similarly, accused namely Ravinder Kumar, Narinder Kumar, Gurnam, Rinku, Pardeep Kumar, Sanjay Kumar also made a statement that a compromise has been effected between them and the complainant. They have also stated that no other case is pending against either of the parties. From the statements of complainant and accused persons, I am of the firm view that the statements of the parties have been recorded by their free will without any pressure or any undue influence from any corner. Parties have also stated that no other case is pending between them." REPORT DATED 12.11.2014: " ...in the present case statements of the complainants as well as accused were recorded on 05.11.2014. Complainant, namely, Naresh, Vinod Kumar, Amit Kumar, Rajesh and Rahul made the statements that a compromise was effected between them. Hence, they have no objection if the criminal proceedings against the accused persons , namely, Chaman Lal and Vikas Kumar, quashed. Similarly, accused persons namely, Chaman Lal and Vikas Kumar also made a statement that a compromise has been effected between them and the complainant. They have also stated that no other case is pending against either of the parties. From the statements of complainant and accused persons, I am of the firm view that the statements of the parties have been recorded by their free will without any pressure or any undue influence from any corner. Parties have also stated that no other case is pending between them.";