KULDEEP SINGH 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.77 dated 03.05.2006 registered under Sections 307 , 336 , 148 , 149 , 506 IPC at Police Station Patran, District Patiala and all consequential proceedings arising therefrom, on the basis of compromise dated 28.11.2018 (Annexure P-2).

(2.) Vide order dated 20.12.2018, 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 Judicial Magistrate Ist Class, Samana, dated 06.02.2019, has been received, wherein, it has been noticed that there are total seven accused persons, namely, Golu, Mandeep Singh Piter, Amritpal Singh Kaleka, Yadwinder Sharma, Arshadeep Singh, Sandeep Singh and Kuldeep Singh @ Keepa. It is also submitted that the petitioner i.e. Kuldeep Singh @ Keepa has entered into the compromised with the complainant, without any pressure, undue influence, coercion, inducement, threat. Neither the accused have been declared as proclaimed offender in this case nor any criminal proceedings are 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.