JASWINDER KUMAR ALIAS POLA 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.144 dated 11.07.2018 registered under Sections 323, 324, 325, 326 and 34 of the Indian Penal Code (for short 'the IPC') (Section 326 of IPC was added later on), at Police Station Garhshankar, Tehsil Garhshankar, District Hoshiarpur, Punjab and all subsequent proceedings arising therefrom, on the basis of compromise dated 28.05.2019 arrived at between the parties.

(2.) Vide order dated 01.07.2019, 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, Garhshankar dated 24.07.2019 has been received, wherein, it has been noticed that the compromise arrived at between the parties is genuine, voluntarily, without any pressure or coercion. No other criminal case is pending against either of the parties.

(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.