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Criminal Miscellaneous No. 41/T of 1977, decided on 9th June 1977.
--S. 561--‑A‑Quashment of proceedings‑Compromise effected out of Court between injured prosecution witness and accused, through elderly persons of locality and injured P. W. also receiving com pensation money‑Compromise arrived at between parties accepted and proceedings quashed, in circumstances.
The counsel for the parties point out that the parties has settled their dispute outside the Court. Affidavit of Bashir Ahmed injured P. W. has already been placed on the file. Let his statement be recorded.
Statement of Bashir Ahmad son of Khair Din resident of village Bhian, Tehsil Shakargarh on S. A.‑
The opposite party injured me in this case as a result of which my wife Mst. Amna Bibi lodged a complaint with the Police Station Shah Gharib under sections 307, 325, 148 read with section 149, P. P. C. This case at present is pending before M:‑. A. R. Sharif, Magistrate Section 30 Posers, Narowal. I have settled the matter with the accused persons outside the. Court and as a result of that compromise, I have received a sum of Rs. 7,000 in cash in this Court today. I am also issuing a separate receipt for the same. The remaining balance of Rs. 1,000 will be paid within 60 days from today in the presence of two persons mentioned in my affidavit. This compromise has been brought about by the respectable of the village. In view of this compromise I do not want to prosecute my case and pray that the criminal case pending against the accused persons be quashed.
Muhammad Sharif Chauhan for Petitioners.
Ch. Muhammad Anwar Khan for the Complainant.
Syed Muhammad Safi for the State.
Muhammad Sadiq and Khadim Hussain two of the petitioners who are accused persons in the above‑mentioned criminal case, confirm the above mentioned statement of Bashir Ahmed injured P. W. and state that the compromise has already been effected through the elderly persons of the locality. They undertake to pay a sum of Rs. 1,000 within the period as mentioned in the affidavit of Bashir Ahmad.
Syed Muhammad Safi the learned counsel for the State has no objec tion for the acceptance of compromise arrived at between the parties. The counsel for the parties point out that tinder the new amended Law Reforms ordinance, 1972, this Court has got ample powers to accept such a compromise and quash the proceedings while dealing with the present petition, After hearing the counsel for the parties and taking into consideration the facts and circumstances of the case, I am convinced that the settlement arrived at between the parties is a genuine one and in the interest of both the parties as well as justice. Accordingly I accept the said compromise arrived at between the parties and quash the proceedings pending against the present petitioners under sections 307/325/148 and 149, P. P. C. before Mr. A. R. Sharif, Magistrate with Section 30 Powers, Narowal.
The present petition stands disposed of in the above terms.
Proceedings quashed.
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