Bhajan Singh and Others vs State of Punjab

Ajay Tewari, J.—These two appeal have resulted from cross version cases.

vIn Crl. Appeal No. 447-SB of 2002, the Appellants challenge their conviction u/s 148, 307 and 324 read with Section 149 IPC and u/s 27 of the Arms Act while in Crl. Appeal No. 448-SB of 2002, the Appellants challenge their appeal u/s 307/395/397/323/324/427/148/149 IPC. It is not disputed that parties have already entered into compromise. The compromise deed and affidavits are placed on record as Annexures P-1 to P-13.

Having gone through the facts and the case, I find that present is an appropriate case where Appellants should be allowed to take benefit of compromise which has been effected between them.

Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) R.C.R. (Cri.) 1052 for quashing the prosecution when parties entered into compromise.

In the circumstances, in view of the compromise effected between the parties, it is held that their conviction(s) are left intact and sentence/s are reduced to that which they have already undergone.

Appeals are disposed of accordingly.