P L D 2008 Karachi 420 (PLP)
ASHIQUE SOLANGI and another — Petitioners Versus THE STATE — Respondent
| Citation | P L D 2008 Karachi 420 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | ASHIQUE SOLANGI and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in P L D 2008 Karachi 420 (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2008 Karachi 420 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2008 Karachi 420 (PLP) (ASHIQUE SOLANGI and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Inayatullah Morio for Petitioners.
- Mushtaque Ahmed Abbasi, Asstt. A.-G. Sindh for Respondents.
- KHAWAJA NAVEED AHMAD, J.---This revision application has directed against the judgment of learned II-Civil Judge & Judicial Magistrate, Kashmore as well as the learned Additional Sessions Judge, Kashmore who was pleased to uphold the order of learned Civil Judge and Judicial Magistrate Kashmore dated 10-6-2005 by his order dated 30-6-2005. Today both the applicants are present. Mr. Inayatullah Morio, Advocate for applicants states that the parties have compromised outside the Court and as such revision application may he allowed. Advocate for complainant Mr. Muhammad Saleem JN Jessar, is present. He confirms the statement made by learned Advocate for applicants.
Headnotes / Summary
Ss. 452, 337-H(2), 506(2) & 148
Criminal Procedure Code (V of 1898), S.345-Compromise-Parties had compromised outside the Court in the case in which some offences were compoundable whereas other offences were not compoundable
If the main offence was compoundable and the parties had compromised, then the small offences should be treated as compromised though under the statute the same were not compoundable
Compromise having taken place between the parties outside the Court, it was not proper to uphold the conviction of accused, specially when the complainant did not want to pursue his case anymore
Accused were acquitted on the basis of compromise in circumstances.
S. 345
Penal Code (XLV of 1860), Ss. 452, 337-H(2), 506(2) & 148
Compromise in cases where some offences are compoundable and some are not compoundable
Principle
Where parties have compromised and the main offence is compoundable, then the small offences should be treated as compromised, though under the statute those are not compoundable.
Judgment & Decree
KHAWAJA NAVEED AHMAD, J.
This revision application has directed against the judgment of learned II-Civil Judge & Judicial Magistrate, Kashmore as well as the learned Additional Sessions Judge, Kashmore who was pleased to uphold the order of learned Civil Judge and Judicial Magistrate Kashmore dated 10-6-2005 by his order dated 30-6-2005. Today both the applicants are present. Mr. Inayatullah Morio, Advocate for applicants states that the parties have compromised outside the Court and as such revision application may he allowed. Advocate for complainant Mr. Muhammad Saleem JN Jessar, is present. He confirms the statement made by learned Advocate for applicants.
2. The applicants were convicted under sections 452, 337-H(2), 506/2 and 148, P.P.C. The legal question is that certain offences are compoundable and certain offences are not compoundable. I am of the clear view that if the main offence is compoundable and parties have compromised against themselves then the small offences should be treated as compromised though under the statute those are not compoundable. In the present revision keeping in view the compromise which has taken place between the parties outside the Court, it is not proper to uphold the conviction specially when the complainant does not want to pursue his case anymore. In the circumstances I accept the revision application and order acquittal of both the applicants from the charge. Their conviction and sentence is set aside. They are present on bail, their bail bonds are cancelled and sureties discharged. N.H.Q./A-57/K Revision petition accepted.