2010 PLP 2382 (YLR)

MRS. SYEDA TAHIRA SAFDAR, J.

Instant application has been filed by the applicant seeking return of amount of Rs.5,000, deposited by him in lieu of fine imposed on him while convicting him under section 337-H(ii) P.P.C. through judgment dated 14-9-2006 by Judicial Magistrate, Sibi, as the matter has been compromised, which was accepted by this Court through order dated 17-10-2008, whereby he has been acquitted of the charge. The perusal of record reveals that a complaint bearing No.28 of 2005 was filed by one Mir Muhammad before Judicial Magistrate, Sibi, which was registered against present applicant, on completion of trial through judgment dated 14-9-2006 the trial Court come to the conclusion that the charge is established against the accused, present applicant namely Bahawal Khan who was convicted of the offence under section 337-H(ii), P.P.C., while sentenced to pay fine of Rs.5000, in default he shall suffer two months' simple imprisonment. It is further apparent from record that the applicant preferred appeal, while the complainant also filed revision petition seeking enhancement. Both the appeal and revision petition were dismissed by the appellate Court through judgment made on 29-12-2006. Still feeling aggrieved of the order the applicant preferred revision petition seeking setting aside of both the orders of trial and appellate Court. During pendency of the same the parties arrived to a compromise, whereby the complainant Mir Muhammad pardoned the applicant and showed his consent for not conducting any other proceedings against him, nor he wanted to receive any Arsh or Daman. This compromise was accepted by this Court through order made on 17-10-2008, whereby the judgment dated 14-9-2006 of Judicial Magistrate Sibi and dated 29-12-2006 of Additional Sessions Judge-II, Sibi were set aside, while the petitioner/present applicant was acquitted of the charge. Now the applicant has filed present application for return of said amount of Rs.5,000 deposited by him. The matter has been compromised between the parties, while the compromise deed filed before this Court was accepted and in consequence thereof the applicant stands acquitted of the charge. In present case the applicant was convicted for the offence punishable under section 337-H(ii) P.P.C., which is surely a compoundable offence, as such on effecting of compromise between the parties the Court while accepting the same acquitted the applicant from the charge. But the only punishment awarded to the applicant was of fine of Rs.5000, in default he had to suffer two months' simple imprisonment. This fine has already been paid by him through Superintendent District Jail Sibi. No Arsh or Daman was imposed on him, rather he was only fined. As such in case of compromise and on waiving right of Arsh or Daman by the victim, the amount can be returned to the applicant paid by him as Arsh or Daman, but in case of fine this is not possible, as the amount is deposited in favour of State, which cannot be refunded even in case of acceptance of compromise and setting aside of conviction order. The application being without merits is hereby dismissed. H.B.T./.66/Q Application dismissed.