DEEPALI GUPTA Vs. STATE OF UT CHANDIGARH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.609 dated 30.11.2014 registered under Sections 279, 337 and 338 IPC at Police Station Sector 34, Chandigarh along with the appeal No.646 of 2018 challenging orders dated 29.10.2018 passed by JMIC, Chandigarh convicting and sentencing the petitioner, and all consequential proceedings arising therefrom, on the basis of compromise dated 19.01.2019 (Annexure P-3).

(2.) Vide order dated 05.02.2019, 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, Chandigarh, dated 17.07.2019, has been received, wherein, it has been noticed that the matter has been compromised between the parties with their free consent and without any coercion or undue influence from any quarter.

(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.