Marry his daughter in the victim party’s family and the Petitioner gave Cheque No. 1556117547 as security for due performance of that agreement.

 The compromise in murder case was effected in terms that Nawaz would marry his daughter in the victim party’s family and the Petitioner gave Cheque No. 1556117547 as security for due performance of that agreement. The Panchayat, in fact, enforced the custom of vani/swara which is not only un-Islamic but also illegal. Hence, the so-called compromise was void abinitio. The question as to whether this holding would impact the order of acquittal favouring Nawaz has not been raised in these proceedings so I have not considered it.

Insofar as Cheque No.1556117547 is concerned, it is also void under section 24 of the Contract Act, 1872, because the consideration therefor is unlawful and against public policy. Respondent No.4 can neither sue the Petitioner on the basis thereof nor invoke section 489-F PPC for a criminal prosecution.

The Ex-officio Justice of Peace has passed the impugned order dated 16.10.2021 in a slipshod manner without considering the facts of the case properly.

Writ Petition No. 67567of 2021
Gul Sher Vs. Additional Sessions Judge etc.
Date of hearing 23.02.2022