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Petition for Special Leave to Appeal No. 208 of X79, decided 16^th 1979.

(On appeal from the order of the Lal High Court dated 4th of April 1979 in Cr R. N 288 of 1979)

---S. 325/34‑Grievous hurt ‑ Compromise‑Complainant, victim of assault, confirming matter having been compromised with accused appellant‑Accused having already undergone part of sentence, matter having been compromised, and in view of circumstances of case, compromise accepted and accused‑petitioner acquitted.

Ch. Muhammad Shaukar Tarrar. Advocate and Syed Inayat Hussain Advocate‑on‑Record for Petitioners.

Namo of the State.

Date of hearing 16^th June, 1979.

.‑Abdul Haque, Abdul Majid and Abdul Rafique sons of the Khuda Bakhsh were convicted of an offence under section 325,/34, P. P. C. for causing injury to Muhammad Nawaz. Abdul Haque was sentenced to one year's R. I. while Majid and Rafi were sentenced to three months' R. I. each. Their appeal was dismissed by the learned Additional Sessions Judge, Multan and their revision petition before the High Court met the same fate. They have therefore approached this Court.

2. On the last date of hearing the learned counsel for the petitioner submitted that the parties have compromised and referred us to an affidavit sworn by Mohammad Nawaz complainant to that effect which is attached at page 23 of the paper‑book. Since Mohammad Nawaz complainant was not present in person, the case was adjourned and the sentences of the accused were suspended. The matter has again come up today. Mohammad Nawaz, complainant, the victim of the assault is present in person. He has confirmed that he had compromised the matter with the accused‑petitioners as a result of the intervention of some respectable .persons of the area.

3. Having regard to the circumstances of this case and the fact that out of the sentences awarded the petitioners have undergone a part of the sentences, we accept the compromise between the parties, convert this petition into an appeal and accept the same on the basis of the compromise between the parties and acquit the petitioners. They shall be released for with unless required in some other case.

Order accordingly.

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