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Criminal Revision No. 172 of 1973, decided on 21st October, 1986.

---Ss. 148, 323 & 324/149--Sentence--Compromise, effect of--Parties closely related--Compromise deed and affidavits placed on record- Complainant summoned and examined in Court--Compromise, held, should be honoured to end bitterness and cleavage in atmosphere--Sentence reduced to one already undergone.--[Compromise].

M. Hanif Khatana for Petitioners.

Ch. Abdul Aziz for the State.

Abdul Ghafoor and 9 others were tried on the charges under sections 148 P.P.C., 324, 149, P.P.C. and under section 323/149, P. P. C. vide judgment, dated 6-6-1972 by a Magistrate, at Jhang, who convicted all the petitioners and sentenced them to undergo one year's R.I. each under section 148, P.P.C. 6 months' R.I. under section 324/149, P.P.C. and one year's R.I. and a fine of Rs.100 each under section 323/149, P.P.C. and in default of the payment of fine the petitioners were ordered to suffer further R.I. for a period of three months each. All the sentences were ordered to run concurrently.

2. Aggrieved by the conviction the petitioners preferred an appeal which was dismissed by the learned Sessions Judge, Jhang vide his order, dated 23-2-1973. The petitioners thereafter, invoked the revisional jurisdiction of this Court and on 6-3-1973 this revision petition was admitted and their sentence was suspended. On 19-5-1986, this revision came up for hearing but was dismissed in default. On 14-9-1986 it was restored to its original number and seven of the petitioners were again released on bail.

3. In the course of hearing of this revision petition on 7-10-1986 it was contended before me that the parties are closely related to each other and a compromise has taken place. In the light of this statement, I directed the complainant to appear in person and to place on the record compromise deed. A compromise deed and affidavits have been placed on the record and the complainant is also present who has been examined by this Court. The complainant states that he is closely related to the petitioners and on account of the intervention of elders and others differences have been patched up. In the light of this development and the statement made by the complainant, I am of the view that such compromise should be honoured so that the atmosphere of bitterness and cleavage comes to an end. Accordingly I would dismiss this revision petition but would reduce the sentence to one already undergone. It may be stated here that the petitioner have already undergone about one month's imprisonment in jail. The amount of fine shall also stand remitted.

With these observations this revision petition is dismissed.

S. A./759/L Petition dismissed.

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