BHAGWAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) AS per the Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR(Criminal) 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."