IN THE COURT OF AMBREEN BATOOL FATIMA/ CJ&JM AND PO

CONSUMER PROTECTION COURT, SHAHEED BENAZIRABAD

(BEFORE: MRS. AMBREEN BATOOL FATIMA)

Criminal Case No 104 OF 2021

The State
V/S

1. Syed Yawar Abbas S/o Syed Ghulam Abbas Zaidi

2. Khuwaja Muhammad Hasnain S/o Khuwaja Khadim Hussain
3. Shoukat Ali S/o Sawai Khan Rahu
4. Muhammad Iqbal S/o Muhammad Sharif Bhatti

(Accused persons on bail)

FIR NO: 72 of 2021

U/S: 420, 468, 471, 506/2, 504, 34 PPC
P.S. Airport Nawabshah

Mrs. Benazir Jamali, Learned ADPP for the state Assisted By

Mr. Ali Raza Channa, Learned Counsel for Complainant
Mr. Naeem Mangi, Learned Counsel for Accused
ORDER
24-01-2022

This order is intended to dispose off application jointly endorsed by the

Complainant
namely Ashraf Ali s/o Amanullah Chandio and the Accused persons namely (1)
Syed Yawar
Abbas S/o Syed Ghulam Abbas Zaidi (2) Khuwaja Muhammad Hasnain S/o
Khuwaja Khadim
Hussain (3) Shoukat Ali S/o Sawai Khan Rahu and (4) Muhammad Iqbal S/o
Muhammad
Sharif Bhatti under section 345(6) Cr.P.C to conclude the above case out of
above captioned
FIR. Prior to it, application under section 345(2) Cr.P.C was also filed jointly
endorsed by both
the parties for permission to compromise the matter. It was also allowed, hence
this
application. Due notice was given to the Learned ADPP. The Accused persons
along with their
counsel, the Complainant along with his counsel and the learned ADPP for the
state, are
present.
I have perused the whole judicial file, the contents of application jointly
endorsed and
filed by both the parties and the police file. I have also examined and heard the
Complainant
and the Accused persons. The perusal and hearing reveals me that the charge
sheet was
submitted against the Accused persons for offences punishable under sections
420, 468, 471,
506, 504, 34 PPC whereby all Accused persons were shown on bail. I have
examined the
Complainant through his CNIC juxtaposing with the police papers and his
record available in
the judicial file. Learned ADPP for the state also identified him. The
Complainant has asserted
in his affidavit supplemented with the application in hand that he has patched
up and settled
his grievances with the Accused persons which was mainly a dispute of
payment of

Page 2 of 3

amount in relation to purchase of a plot. He argued that since he seeks the

return of the
amount, hence, the same dispute is now resolved on holy Quran on the terms
that
Accused persons have given him two cheques bearing No. (1) 00100049 of HBL
Bank
Masjid Road Nawabshah Dated 05-04-2022 amounting to Rs. 2,00,000/- and
(2) D-
89669254 of Meezan Bank Sanghar Road Nawabshah Dated 01-03-2022
amounting to Rs.
2,00,000/-. He attached photostat copies of the cheques along with his
application.

On the other hand, the Learned ADPP has objected to this application stating
that some
of the offences are non-compoundable; hence, the same cannot be effected. In
this regard,
perusal of judicial as well as the police file deduces me that FIR in question
does transpire
some non-compoundable offences but as per the story narrated in FIR, the
main offense in the
instant case is 420 PPC which is compoundable in nature. As far as non-
compoundable
sections are concerned, both the parties have also compounded their grievances
out of the court
to the extent of compoundable offences. As such partial contents of the FIR
stand terminated.
The law does not permit compounding of the offences enacted non-
compoundable. In such
circumstances, if the Accused persons are acquitted in some of the offences and
tried for rest of
the offences “what shall be the final conclusion?” is the necessary question to
be underscored.
This is a private case, where material evidence is to come from mouth of the
Complainant and
private PWs. So far, the Complainant has rendered his affidavit regarding
settlement of his
grievances with the Accused persons therefore probability of adduction of
material evidence
against the Accused persons shrinks to almost zero level. In such
circumstances, keeping this
case alive for trial on partial offences shall not serve any fruitful purpose. The
parties have
already come embarked to harmonious terms. They cannot be forced to depose
against their
will and wish. In this regard, I have perused SARTAJ versus LAL RAHMAN and
another
reported as 2012 YLR 1606 (Peshawar). It is held in it that
“although the offence for which the petitioner is charged is not compoundable
but
when the Complainant and his witnesses are not ready to depose against the
present
petitioner, then, no other evidence would be sufficient for conviction of the
Accused-
petitioner”.
I have also taken guidance from AAMIR and 2 others versus THE STATE
reported
as 2011 MLD 1468 (Lahore). It has held that
“now I advert to the factum whether compromise can be effected in non-
compoundable
offence. I am of the view that the compromise is meant to promote harmonious
living
and maintain cordial relations between the parties.”
The Honorable Lahore High Court gathered that view from august Supreme
Court of
Pakistan in the case of GHULAM SHABBIR and 2 others versus THE STATE
reported as
2003 SCMR 663.

Page 3 of 3

Further the case laws infra of the honorable High Courts have also been very
guidance
for me to decide instant application. GHULAM ABBAS versus THE STATE
reported as
2009 YLR 1526; ASHIQ SOLANGI and another versus THE STATE reported as
PLD
2008 Karachi 420; THE STATE versus IRFANULLAH QAZI reported as 2007
MLD
1269.
Since the main issue is payment related and the same has been settled by both
the
parties; thus in view of the cheques given to the Complainant by the Accused
persons and
the fact that both the parties have settled their dispute on harmonious terms
and in light
of the above discussion and reliance upon the case laws mentioned supra, there
remains
no reason with this court to keep this case pending on record. Hence, the
compromise
application is also accepted as prayed. Consequently, Accused persons namely
(1) Syed
Yawar Abbas S/o Syed Ghulam Abbas Zaidi (2) Khuwaja Muhammad Hasnain
S/o
Khuwaja Khadim Hussain (3) Shoukat Ali S/o Sawai Khan Rahu and (4)
Muhammad
Iqbal S/o Muhammad Sharif Bhatti are present on bail, they are acquitted in
exercise of
powers provided under section 345(vi) Cr.P.C. Their bail bonds stand cancelled
and
sureties discharged.

Announced in Open Court

Given under my hand and seal of this court this the 24 th day of January 2022

CONSUMER PROTECTION JUDGE/CJ&JM

SHAHEED BENAZIRABAD