BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of DDR No.35 dated 25.10.2017 registered under Sections 307/34 IPC and Sections 25/27/54/59 of Arms Act in case FIR No.71 dated 22.10.2017 registered under Sections 307/34 IPC and Section 25/27/54/59 of Arms Act, at Police Station Khem Karan, District Tarn Taran and all consequential proceedings arising therefrom, on the basis of compromise dated 08.03.2018 (Annexure P.5).

(2.) Vide order dated 15.05.2018, 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 Sub Divisional Judicial Magistrate, Patti dated 11.06.2018, has been received, wherein, it has been noticed that the matter has been compromised with the intervention of respectables and friends of both the parties, compromise has been effected with their free consent and without any pressure 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.