YUSUF Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No. 36 dated 23.4.2018, registered under Sections 452, 323, 148 and 149 IPC, at Police Station Begowal, District Kapurthala, and all consequential proceedings arising therefrom, on the basis of compromise dated 31.8.2019 (Annexure P-2).

(2.) Vide order dated 5.9.2019, the parties were directed to appear before the trial Court/Illaqa Magistrate, for getting their statements recorded; as to the genuineness of the compromise. In compliance thereof, report of Sub Divisional Judicial Magistrate, Bholath dated 14.10.2019, has been received, wherein, it has been noticed that there are total 5 accused persons, namely, Yusuf- petitioner No.1, Muni- petitioner No.2, Rania-petitioner No.3, Rehmu- petitioner No.4. There is one more accused namely Bikka, who is not a party to this petition and who had been declared proclaimed offender by the trial Court. It is also submitted that the petitioners No.1 to 4 have voluntarily entered into a compromise with the complainant, without any pressure, undue influence, coercion, inducement, threat.

(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.