VIKAS GUPTA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.213 dated 11.06.2016 registered under Section 420 of the Indian Penal Code read with section 120-B of the Indian Penal Code (for short 'the IPC'), at Police Station Sector 40, Gurugram and quashing of FIR No.138 dated 09.04.2018 registered under Section 174-A of the IPC in Police Station Sector 40, Gurugram (Annexures P/1 and P-6) and all consequential proceedings arising therefrom, on the basis of compromise dated 29.09.2017 (Annexure P-2) arrived at between the parties.

(2.) Vide order dated 09.05.2018, the parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their statements recorded; as to the genuineness of the compromise. In compliance thereof, report of Judicial Magistrate Ist Class, Gurugram, dated 13.06.2018, has been received, wherein, it has been noticed that the parties have settled the dispute amicably without any undue influence, coercion or pressure and none of the accused have been declared as proclaimed offender.

(3.) The ultimate aim, objective and goal of a legal system is to reconcile the social conflicts. Law is required only to ensure that people do not have to fight with each other just to protect their right to property, right to life and liberty and other rights secured to them by the legal system. The civil disputes are the conflicts between two parties, having lesser overtones for the social order, social harmony or the society as such. Hence absolute freedom is given to the parties to settle their disputes by compromises, of course, coming with certain legal consequences as well. However, the criminal disputes do not necessarily restrict themselves to only two parties to the dispute in terms of their scope, consequences and effect. The criminal acts tend to cast their effect and consequences even upon the society at large. Therefore, the law prescribes punishment, severe punishments and the extreme punishments, including death penalty for criminal acts.