Criminal Appeal No. 570 of 2020
Date Order with Signature of the Judge
1.For orders on M.A.No.7835/2021.
2.For hearing of case.
3.For hearing of M.A.No.11959/2020
17th August, 2021
M/s Shabbir Ahmed Kumbhar and Muhammad Nawaz Tanoli,
Advocates for appellants.
Mr. Ali Haidar Saleem, Addl. Prosecutor General, Sindh.
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Aftab Ahmed, Gorar, J.:- Complainant Aaroo Kharik and injured Faheem Kharik are present in court. They have filed a joint application i.e. M.A.No. 7835/2021 under section 345(2)&(6) Cr.P.C. stating therein that they have settled the dispute outside the court and pardoned the accused person in the name of Almighty Allah.
2. Learned counsel for the appellants submits that since the parties have settled the dispute outside the court and they have no grievance against each other, to promote harmonious living and maintain cordial relations between the parties, M.A.No. 7835/2021 under section 345(2)&(6) Cr.P.C. may be allowed and the appellants may be acquitted from the charge of this case.
3. Learned Additional Prosecutor General Sindh after examining the record, submitted that he has no objection if the application i.e. M.A.No.7835/2021 for compromise is allowed.
4. Heard arguments and carefully perused the record. The appellants and complainant so also injured person namely Faheem Kharik are in attendance and affirm the contents of the application {M.A.No.7835/2021} under Section 345(2)&(6) Cr.P.C.
5. It need not to be iterated that much legal and religious sanctity is attached to the principle of “Sulh”, which has been appreciated by our religion, by directing the Muslims to reach at amicable settlement for their future cordial relations. Since the parties have amicably settled their dispute, therefore, it shall be futile exercise to linger on the captioned appeal for indefinite period. Consequently, M.A.No.7835/2021 filed under Section 345(2)&(6) Cr.P.C. is accordingly allowed. Resultantly, impugned judgment, whereby conviction and sentence awarded to the appellant is set-aside in view of compromise applications filed under Section 345(2)&(6) Cr.P.C. Appellants are presently confined in Central Prison Hyderabad. The concerned Superintendent Jail is directed to release the appellants forthwith if not required in any other case.
The appeal, in the above terms, stands disposed of.
*Aamir/PS* J U D G E
Criminal Jail Appeal No. 571 of 2020
Date Order with Signature of the Judge
For hearing of case.
17th August, 2021
Since the connected Criminal Appeal No. 570 of 2020 has been disposed of this Criminal Jail Appeal has become infructuous, which is dismissed as such.
*Aamir/PS* J U D G E