-Compromise between parties during proceedings--It appears that compromise has been arrived at between parties just to promote harmony among both parties and Court finds no reason for not accepting same as it transpires that same is genuine and without any.........

 PLJ 2024 Cr.C. (Note) 64
[Lahore High Court, Lahore]
Present: Syed Shahbaz Ali Rizvi, J.
ABDUL SHAKOOR--Appellant
versus
STATE, etc.--Respondents
Crl. Misc. No. 1 of 2023 in Crl. A. No. 30385 of 2019,
heard on 15.3.2023.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 345--Pakistan Penal Code, (XLV of 1860), S. 302(b)--Compromise between parties during proceedings--It appears that compromise has been arrived at between parties just to promote harmony among both parties and Court finds no reason for not accepting same as it transpires that same is genuine and without any coercion, duress, pressure, compulsion, deception or threat coupled with fact that it is in accordance with principles laid down by Superior Courts of country--High Court has also noticed that case of appellant does not attract provisions of Section 311 of Pakistan Penal Code, 1860--The convict is neither hardened nor dangerous or desperate criminal and there is nothing on recordto show that he is previously a convict--Petition allowed. [Para 5] A

Hafiz Mussab Rasool, Advocate for Appellant.

Mr. Muhammad Asad Tehrim Baig, Deputy Prosecutor General for State.

Rai Ashfaq Ahmad Kharal and Mr. Rizwan Afzal Tarar, Advocates for Complainant.

Date of hearing: 15.3.2023.

Judgment

Through this appeal, Abdul Shakoor, appellant has assailed the judgment dated 09.05.2019 passed by the learned Addl. Sessions Judge (MCTC), Sheikhupura in private complaint filed by Mushtaq Ali, complainant against the appellant and his co-accused Abdul Rauf and Umar Farooq (since acquitted) under Sections 302, 147 and 149, P.P.C. arising out of case F.I.R No. 1054 dated 28.10.2016 registered for offences under Sections 302, 147 and 149, P.P.C., at Police Station Ferozewala District Sheikhupura whereby, the appellant was convicted under Section 302(b), P.P.C. and sentenced to imprisonment for life with the direction to pay Rs. 100,000/-as compensation to the legal heirs of the deceased, Rafaqat Ali as envisaged under Section 544-A of the Code of Criminal Procedure, 1898 and in default therefore, to further undergo simple imprisonment for six months. Benefit of Section 382-B of the Code ibid was extended to the appellant.

2. During the pendency of appeal, Criminal Miscellaneous No. 1 of 2023 in terms of Section 345 of the Code of Criminal Procedure, 1898 was filed by the appellant through his learned counsel wherein, it was averred that compromise between him and the legal heirs of the deceased has been effected. This Court vide order dated 14.02.2023 sent the application along with annexures to the learned Sessions Judge, Sheikhupura for verification of compromise. This Court received report Bearing No. 6 dated 27.02.2023 wherein, learned Sessions Judge concluded as under:

“I am satisfied in respect to the compromise proceedings which are genuine in all respects. It was done between the legal heirs of Rafaqat Ali (deceased) and the convict Abdul Shakoor voluntarily without any compulsion or coercion.”

3. Learned Deputy Prosecutor General, after having gone through report of the learned Sessions Judge and statements of legal heirs of the deceased person, submits that the State has no objection to the acceptance of compromise.

4. Heard. Perused.

5. It appears that the compromise has been arrived at between the parties just to promote harmony among both the parties and the Court finds no reason for not accepting the same as it transpires that the same is genuine and without any coercion, duress, pressure, compulsion, deception or threat coupled with the fact that it is in accordance with the principles laid down by the Superior Courts of the country. This Court has also noticed that the case of the appellant does not attract the provisions of Section 311 of the Pakistan Penal Code, 1860. The convict is neither hardened nor dangerous or desperate criminal and there is nothing on record to show that he is previously a convict. This Court is convinced that the occurrence was not committed on the pretext of honour. In these circumstances, Crl. Misc. No. 1 of 2023 is allowed Resultantly, Criminal Appeal No. 30385 of 2019 is accepted, conviction and sentence of Abdul Shakoor (appellant) awarded to him by the learned trial Court is set aside and he is acquitted of the charge levelled against him on the basis of compromise. He is in custody, be released forthwith if not required to be detained in any other criminal case.

(A.A.K.)          Petition allowed