SHAM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.106 dtd. 14/5/2013 registered under Ss. 325, 323, 341, 506, 148, 149 of the Indian Penal Code (for short 'the IPC'), at Police Station Salem Tabri, District Ludhiana and all subsequent proceedings arising therefrom, on the basis of compromise dtd. 25/8/2018, arrived at between the parties.

(2.) 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.

(3.) Hon'ble the Supreme Court has amply clarified the legal position on recognizing compromising in the case of Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, and has observed as under:-