ORDER SHEET
IN THE HIGH COURT OF
SINDH BENCH AT SUKKUR
Cr.
Revision Application No. S- 132 of 2021
|
Date of hearing |
Order with signature of Judge |
14.01.2022.
Mr. Habib-ur-Rehman Shaikh,
Advocate for applicant/accused.
Complainant Muhammad Sachal
present in person.
Mr. Khalil Ahmed Maitlo,
Additional P.G.
O R D E R
AMJAD ALI SAHITO, J. Applicant/accused Muzaffar Ali son of
Muhammad Bux Phulpoto has impugned the judgment dated 23.12.2021 passed by
learned Additional Sessions Judge-II Khairpur whereby learned appellate Court
maintained the judgment dated 25.06.2021passed by Judicial Magistrate-II (MTMC)
Khairpur who has convicted the applicant Muzaffrar Ali and sentenced him to
suffer S.I for one and half year (18
months) for offence punishable under section 489-F PPC in crime No.03 of 2021
registered at Police Station ‘B’ Section Khairpur and also imposed fine of Rs.
10,000/-, in default to pay the fine amount, applicant/accused was directed to
suffer S.I for one month more and the applicant/accused was given benefit of
Section 382-B Cr.P.C as per above referred Judgment.
2. During pendency of appeal, complainant
Muhammad Sachal came forward and stated that he has patched up and settled his dispute
with applicant/accused Muzaffar Ali Phulpoto outside the Court on the
intervention of Nek mards of locality. The complainant Muhammad Sachal has
filed his affidavit before this Court in which he has stated that he has
received amount of Rs. 20,00,000/- outstanding against the applicant/accused
Muzaffar Ali and there remains no outstanding to be paid by the
applicant/accused and such agreement/Iqrarnama was reduced into writing between
the parties as such on the basis of private settlement/compromise he recorded
his no objection for acquittal of the applicant/accused as he has no grievance
against the applicant/accused Muzaffar Ali Phulpoto.
3. Learned D. P.G appearing on behalf of
State contends that since complainant has pardoned the applicant/accused as
such he does not oppose the acceptance of compromise.
4. I have heard both the parties as well
as learned Deputy Prosecutor General. In view of above circumstances, since the
parties have struck off their differences and the compromise between the
parties appears to be a step for keeping cordial relations and betterment of
future. There would be nothing to remain further litigation after the
compromise arrived at between them as they have amicably resolved their
differences and after compromise between the parties, the ultimate maintaining
the conviction would be bleak and continuation of proceedings would also put
the accused to oppression and prejudice.
5. As a result of compromise,
the impugned judgment dated 23.12.2021 passed by learned Additional Sessions
Judge-II Khairpur in Criminal Appeal No. 18 of 2021 State v. Muzaffar Ali as
well as judgment dated 25.06.2021 passed by Judicial Magistrate-II (MTMC)
Khairpur in criminal case No.170 of 2021 State vs. Muzaffar Ali are set aside
and instant Criminal Revision Application stands allowed along with pending
applications, if any. Accordingly, applicant/accused
Muaffar Ali Phulpoto is acquitted from the charge. Since the applicant/accused
is in custody as such office is directed to issue release writ to the concerned
Jail authority to release the applicant/accused Muaffar Ali forthwith if he is
no more required in any other custody case.
JUDGE
Irfan/PA