JASVIR SINGH 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.45 dtd. 8/5/2011 registered under Ss. 341, 323, 325, 34 of the Indian Penal Code (for short 'the IPC'), at Police Station Sadar Banga, District SBS Nagar along with all consequential proceedings arising therefrom including order dtd. 26/10/2013, vide which the petitioner was declared proclaimed offender, on the basis of compromise arrived at between the parties.

(2.) Vide order dtd. 13/2/2019, 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 Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, dtd. 13/3/2019, has been received, wherein, it has been noticed that the compromise arrived at between the parties is genuine, without any pressure or coercion. No other criminal proceedings are pending against the accused.

(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.