High Court Settles for Justice over Procedural Technicalities: The Ultimate Aim, Objective, and Goal of a Legal System is to Reconcile Social Conflicts

07 May 2024 8:19 AM

By: Admin

In a recent judgement , the High Court of Punjab and Haryana at Chandigarh underscored the essence of the legal system in resolving disputes, leading to the quashing of a proclamation order against the petitioners in the case CRM-M-55589-2023. The Hon’ble Mr. Justice Harpreet Singh Brar highlighted the court’s philosophy by stating, “The ultimate aim, objective, and goal of a legal system is to reconcile social conflicts.”

The petitioners, associated with Bookmark Education Services Pvt. Ltd., were previously declared as proclaimed persons in a cheque bounce case under Section 138 of the Negotiable Instruments Act. However, after entering into an amicable settlement with the complainant, the court acknowledged that the need for procedural strictness was outweighed by the achieved reconciliation.

This decision was reinforced by previous judgments cited by the court, emphasizing that once the substantive offence has been settled, the procedural order becomes inconsequential. The court’s approach, advocating for settlements and the withdrawal of complaints to ease the legal burden, has been lauded as a progressive step towards a more harmonious legal process.

Legal experts and the involved parties have welcomed the court’s decision, which not only resolved the immediate dispute but also set a precedent for future cases where settlements are reached. Advocates Jatin Bansal and Kapil K. Gupta, representing the petitioners and the respondent respectively, have expressed satisfaction with the court’s fair and just resolution. The State’s representative, Mr. Manish Bansal, acknowledged the court’s decision, further solidifying the ruling’s standing.

The High Court’s decision is a testament to the judiciary’s role in not just adjudicating but also facilitating the resolution of disputes, underscoring the belief that the law ultimately serves to restore and maintain societal harmony.

Date of Decision: 06.11.2023

Bookmark Education Services Pvt. Ltd. and another VS State of U.T. Chandigarh and another