HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of complaint No.59/1 of 2010 dated 05.04.2010/18.12.2015 lodged under Sections 323, 326, 341, 148 and 149 of the Indian Penal Code (for short 'the IPC') along with judgment of conviction and order of sentence dated 19.12.2016 passed by Sub Divisional Judicial Magistrate, Balachaur and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

(2.) Vide order dated 22.07.2019, 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, Balachaur (S.B.S. Nagar) dated 07.08.2019, has been received, wherein, it has been noticed that the parties have settled the dispute amicably without any undue influence, coercion or pressure and none of the accused have 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.