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Criminal Revision No. 521 of 1982, decided on 14th December, 1982.
S. 439 read with Penal. Code (XLV of 1860), S. 420-Revision (criminal)--Complainant appearing in witness-box and admitting to have compromised with accused party-Petitioner's sentence reduced to one already undergone, in circumstance.-[Sentence].
1979 S C M R 507 ref.
Syed Farooq Hussain Naqvi for Petitioner.
Abaid-ur-Rehman Masood for the State.
Date of hearing : 14th December, 1982.
These are three connected Criminal Revisions Nos. 521, 522 and 523 of 1982 filed by Taleh Muhammad, Muhammad Sadiq and Abdul Salam petitioners, respectively who were tried together and convicted and sentenced to six months' rigorous imprisonment each under section 420, P. P. C. by a learned Magistrate 1st Class at Faisalabad by judgment dated 16-5-1981 and their appeal was also dismissed by a learned Additional Sessions Judge vide judgment dated 29-8-1982. This order shall dispose of these petitions together.
2. The learned counsel for the petitioners relies on the dictum of the Supreme Court in Abdul Haq v. The State (1979 S C M R 507) for the proposition that where a complainant in a case has compromised and the offence was compoundable, the Courts would encourage such a course. This is at least in keeping with a spirit of the judgment of the Supreme Court. It has been shown from the record that the complainant appeared in the witness-box and he had admitted A that the parties had compromised and the compromise deed had been signed by him and the other affected persons. The petitioners have already under gone a part of the sentence.
3. In view of this patent position obtaining on the record, the sentence of the petitioners is reduced to the one already undergone. The learned counsel for the State submits that in view of the compromise this will be a just order to be passed. The revision petitions are accepted in these terms. The petitioners are on bail and they shall be discharged of their bail bonds.
Revision petitions accepted.
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