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HASAN HAMID versus STATE


Article 185 (3) of the Criminal Procedure Code (V9 1898), Section 561 of the High Court order dismissing an applicant's application to terminate a criminal case arising out of a marital dispute relating to a settlement outside the court. Appeal against. The settlement petition, signed by both parties on the application, was converted into an appeal and the matter was settled by allowing the appeal in the terms of the agreement.

1986 S C M R 1112

Present: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ

Syed HASAN HAMID‑‑Petitioner

versus

THE STATE and another‑‑Respondents

Criminal Appeal No.28 of 1986 in Criminal Petition No. 6‑R of 1986, decided on 5th April, 1986.

(On appeal from the judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Miscellaneous No. 3/Q of 1985, dated 8th February, 1986).

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 561‑A‑‑Petition for leave to appeal against order of High Court dismissing application of petitioner for quashing of a criminal case arising out of a matrimonial dispute‑‑Parties compromising matter out of Court and compromise deed signed by both parties placed on record‑‑Petition converted into appeal and matter disposed of finally by allowing appeal in terms of compromise.

S.M. Zafar, Senior Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioner.

Ijaz Hussain Batalvi, Senior Advocate Supreme Court and Ch. Akhter Ali, Advocate‑on‑Record for Respondents.

Date of hearing: 5th April, 1986.

ORDER

ASLAM RIAZ HUSSAIN, J.‑

‑The petitioner seeks leave to appeal against the order of the High Court, dated 8‑2‑1986, dismissing his application under section 561‑A, Cr.P.C., for quashment of a criminal case arising out of' a matrimonial dispute.

2. After hearing each others' arguments and the observations of the Court, the learned counsel for the parties sought a short adjournment till 11‑30 a. m. to seek instructions from their respective clients regarding the possibility of a compromise. After the interval at 11‑30 a.m. the counsel for the parties informed us that the parties have compromised the matter out of Court. The compromise deed, signed by both the parties as well as their learned counsel, is placed on the record.

3. Consequently we convert the petition into an appeal and dispose of the matter finally by allowing the appeal in terms of compromise arrived at between the parties which have been mentioned in the compromise deed.

M . Y . H Appeal allowed

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