Parsvnath Developers Limited vs State of Haryana and Others

Mahabir Singh Sindhu, J.

Present petition has been filed praying for quashing of FIR No.224 dated 09.05.2017 (Annexure P-2), under Sections 3 (1) and 3 (2) of the Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013, registered at Police Station Dharuhera, Rewari along with all consequential proceedings arising therefrom on the basis of Compromise Deed dated 28.07.2017 (Annexure P-3).

In terms of order dated 29.01.2018, passed by this Court, the statements of both the parties have been recorded and report dated 23.02.2018 to that effect has been received from the learned Additional Chief Judicial Magistrate, Rewari and the relevant part of the same reads as under:-

Copy of the statements, made by the complainant Smt. Nisha Chandra and her husband Sh. Ravi Shankar as well as Sh. Basu Dev Paudel and the zimny order dated 22.02.2018 are attached herewith for your kind perusal. The following information was also demanded by the Hon'ble High Court and the same has been given against the particular clause:-

(i) Number of persons arrayed as accused in FIR One

(ii) Whether any accused is proclaimed offender No

(iii) Whether the compromise is genuine, Yes, the compromise is voluntarily, and without any coercion or undue genuine, voluntarily and influence without any coercion or undue influence.

Perusal of the report, extracted hereinabove, makes it apparently clear that the compromise is genuine and with their free consent and there is no pressure from any side. Even before this Court also, there is no objection by learned Counsel for respondent No.3 in case the FIR in question along with all consequential proceedings are quashed and set aside.

Learned State Counsel, on a pointed query, on instructions from H.C. Charan Singh, submits that he has no objection in case the aforesaid FIR as well as all other consequential proceedings are quashed on the basis of the compromise effected between the parties in this case. He further submits that even the complainant has also written a letter through registered post to the SHO, Police Station Dharuhera, Rewari mentioning therein that he has compromised the matter with the accused.

In view of above, this Court is fully convinced that the quashing of the FIR along with all consequential proceedings will be in the interest of justice as well as in the interest of the parties. Consequently, the present petition is allowed and the aforesaid FIR along with all consequential proceedings resulting therefrom are quashed qua the petitioner.

Disposed off accordingly.