Bhagwan Kaur and Others vs State of Punjab and Others

M.M.S. Bedi, J.—The legality and propriety of order dated 3.10.2007 (Annexure P-1) passed by the learned Additional Sessions Judge, Fast Track Court, Ludhiana refusing to permit the parties to effect compromise has been challenged. Copy of the compromise dated 29.8.2007 has been placed on records as Annexure P-4.

It will be relevant to refer to the contents of the FIR against the Appellants. As per the FIR, on 27.9.1996 at about 3 p.m. when Daljit Singh was cleaning the water channel to irrigate his fields, which is common with Arjan Singh etc., the Appellants, namely, Arjan Singh armed with a soti, Sarwan Singh armed with a spade, Ajmer Kaur and Bhagwan Kaur armed with soties came on the spot and challenged him. Pursuant to the altercation, Sarwan Singh (now deceased) gave a spade blow on the head of Harbhajan Singh. When he raised his hand to save him, it hit him on the right arm, Arjan Singh has been attributed a soti blow on complainant''s left leg. Baldev Singh and Bahadur Singh are attributed soti blows on the right flank and back of the complainant. Ajmer Kaur and Bhagwan Kaur gave soti blows on complainant''s back. All the abovesaid persons also inflicted injuries on the person of Daljit Singh.

So far as the grievous injury attributed to Sarwan Singh is concerned, it is pertinent to observe that the said Sarwan Singh has died. The parties are co-sharers in the same land and they belong to the same brotherhood, distantly related to each other. Injured Harbhajan Singh has also died.

As per the Full Bench judgment of this Court in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Cri) 1052, the compromise in modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power of the Court is used to enhance such a compromise, which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice."

As per the sociological school of jurisprudence to maintain harmony in the society is the basic objective of law. Taking into consideration the fact that the parties have entered into a compromise and they have amicably settled the matter, there does not appear to any reason to deny them an opportunity to live in peace. The parties are present in court. Even otherwise, there does not appear to be meeting of mind of the Petitioners with Sarwan Singh, who has been attributed the grievous injury. If seen individually, the part attributed to the Petitioners falls u/s 323 IPC.

Accordingly, the petition is allowed and two compromises dated 21.10.2004 (Annexure P-2) and 29.8.2007 (Annexure P-4), entered into between the parties, are accepted and the criminal proceedings against the Petitioners, arising out of FIR No. 161 dated 28.9.1996 under Sections 323/326/148/149 IPC pending before the lower appellate Court against all the accused are hereby quashed.