LAWS(P&H)-2019-3-1

CHARANJEET SINGH Vs. STATE OF PUNJAB

Decided On March 08, 2019
CHARANJEET SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.28 dated 18.05.2015 registered under Sections 420 and 34 of the Indian Penal Code (for short 'the IPC '), at Police Station Sadar Rampura, District Bathinda and all subsequent proceedings arising therefrom, on the basis of compromise dated 05.01.2019 arrived at between the parties.

(2.) Vide order dated 09.01.2019, 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, Phul, dated 21.02.2019, has been received, wherein, it has been noticed that the compromise arrived at between the parties is voluntarily, without any pressure, threat or coercion and none of the accused has 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.