P L D 2025 Peshawar 67 (PLP)

SHAHID KHAN, J.

The petitioners Waqas Khan, Mansoor Ahmad and Naveed Ahmad, have filed the instant writ petition, under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, before this Court, with the following prayer: - "It is therefore, very humbly prayed that by the acceptance of this writ petition.

1. The impugned FIR No. 332 dated 20.09.2021 under sections 364, 324, 342, 427, 148, 149, 337-A(i), P.P.C., Police Station Chakdara, to the extent of the present petitioners may kindly be declared void ab-initio and ineffective upon the rights of the present petitioners, hence be quashed.

2. The local police may kindly be directed to update their record and thereafter issue Police Clearance Certificate to the petitioners without mentioning the above-mentioned FIR therein.

3. Any other relief which this august Court deems fit and appropriate may also be graciously granted."

2. In essence, contention of the petitioners is that they are the permanent residents of District Dir Lower, who amongst others have been charged in a criminal case FIR No. 332 dated 20.09.2021, under sections 364, 324, 342, 427, 148, 149, 337-A(i), P.P.C., registered at the Police Station Chakdara, District Dir Lower. Later on, they were acquitted in the aforesaid FIR by the competent Court on the basis of a compromise vide judgment, dated 13.12.2021, in exercise of its powers under section 265-K, Cr.P.C. Further contended that the petitioner No.1 being a student is in need of good character certificate for college admission while the other petitioners intend to go abroad, for which, they are in need of good character certificates to be issued by the District Police Officer, Dir Lower (the respondent No.3). For the above purpose, when the petitioners approached to the respondent No.3, so, first he was reluctant to issue the same and lastly, he issued the requisite certificates to all the petitioners but with a note having a reference of the aforesaid FIR as well as order of their acquittal on the basis of compromise. Grievance of the petitioners before this Court is that the extra note put on the "Character certificate" by mentioning of FIR as well as order of their acquittal on the basis of compromise, is unreasonable and unjustified as acquittal of an accused either way in a case, which FIR would certainly lose its effect.

3. Arguments of learned counsel for the petitioner as well as learned Asstt: A.G for the respondents were heard in considerable detail and record gone through with their able assistance.

4. It is transparent from the surface of the record that though the petitioners were initially charged in the aforesaid FIR but subsequently, they have been acquitted by the competent Court of law under section 265-K, Cr.P.C., on confirmation of a compromise. It is relevant to mention here that an acquittal in a criminal case either on the basis of merit or a compromise are honorable acquittal and an acquittal on the basis of compromise could not be legally underestimated, therefore, all acquittal whether on the basis of merit or compromise are to be regarded and respected with the same yardstick. When this question came up before the Hon'ble Apex Court in the case of "Dr. Muhammad Islam v. Government of KPK and 2 others" reported as 1998 SCMR 1993 where too it was held: "all acquittals even if these are based on benefit of doubt are honourable for the reason that the prosecution has not succeeded to prove their cases against the accused on the strength of evidence of unimpeachable character. It may be noted that there are cases in which the judgments are recorded on the basis of compromise between the parties and the accused are acquitted in consequence thereof'. What shall he the nature of such acquittals? All acquittals are certainly honourable. There can be no acquittals, which may be said to be dishonourable. The law has not drawn any distinction between these types of acquittals."

5. Even otherwise, the nature of allegations which were made against the present petitioner in the FIR were not of moral turpitude or any allegations against the State or which effecting the society at large as it was only a dispute between the two individuals which was ended up with a happy note as a good conscious and truthfulness prevailed among them and as such they entered into a compromise and accordingly the present petitioners have been acquitted.

6. It may also be noted that though the petitioners were charged in the FIR but once he was acquitted by the competent Court of law then all the allegations levelled in the FIR are considered to be no more in existence and they are to be presumed, treated and regarded as innocent persons under the law, therefore, the factum of mentioning of the FIR and acquittal order on the basis of compromise in the impugned character certificates for police clearance are neither legal nor justifiable rather the same would amount to defeat the very purpose and effect of the acquittal order.

7. Accordingly, this writ petition is allowed and the District Police Officer/respondent No. 3 is directed to issue "character certificates for police clearance" to all the three petitioners without mentioning the impugned note as find mentioned in the already issued certificates dated 27.09.2022. Order accordingly. MQ/129/P Petition allowed.