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Criminal Revision No. 417 of 1967.
S. 345 (S‑A), (6) ----Compounding of offence‑Complainant and accused placing before Court compromise deed stating that on intervention of respectables they have sunk their differences and compromised case‑--Permission to compound offence granted‑Accused acquitted.
Pir Altaf Hussain for Petitioners.
Malik Hussain, Barkat Hussain and Nazakat Hussain were convicted under section 325/34, P.P.C. and sentenced to suffer six months' R. I. each by the trial Court, by its order dated the 15th October 1966. On appeal the learned Sessions Judge, Rawalpindi, maintained the conviction only under section 323/34, P. P. C. and reduced the sentence of each of the petitioners from six months, to three months' R. I. A petition for revision was preferred to this Court against the order of the learned Sessions Judge. The same was admitted to hearing and the operation of the sentence was suspended by this Court.
2. The complainant in this case presented an application alleging that they have compromised the case with the accused and that this Court should grant permission to compound the offence as this will be conducive to the continuance of friendly relations between the parties. This application was duly support ed by a duly attested affidavit of Sabir Hussain and Muhammad Ajaib, the injured in this case. This petition was admitted to hearing and the complainants and the accused were directed to appear in this Court on the 28th of August 1968.
They have appeared before me and have placed a com promise deed before me wherein it is stated that on the intervention of the respectables of the village the accused and the injured persons have sunk their differences and have compromised the case.
3. To close the chapter of enmity and for improvement o future relations I hold it is expedient in the interests of justice that this offence should be compounded. I consequently grant the required permission and accept the compromise between the parties under section 345 (5) (A), Cr. P. C.
4. It has been laid down in subsection (6) of section 345, Cr. P. C. that the composition of an offence shall have the effect of acquittal of the accused with whom the offence has been compounded. I would, therefore, acquit the petitioners and order that their bail‑bonds should stand cancelled.
Compromise accepted.
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