IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Revn. Application No.S-98  of  2021

1. For orders on office objection.

2. For orders on M.A. No.1322/2022.

3. For orders on M.A. No.1323/2022.

4. For hearing of Main Case.

Mr. Ahmed Bux Abro, Advocate along with Applicant(on bail).  

Mr. Ali Anwar Kandhro, Addl. P.G.   

Date of hearing      : 15.02.2024.

Date of Order        : 15.02.2024.

O R D E R.

                   Applicant Aamir Ali son of Muhammad Sadiq Mughal was tried by learned I-Civil Judge & J.M./MTMC, Kandhkot, in Case No.75/2021,   re-The State v. Aamir Ali Mughal/Arain, arisen out of Crime No.148/2021, registered at P.S A-Section, Kandhkot, for offence u/s 489-F, PPC.  On the conclusion of trial, the applicant was found guilty of the charge and vide judgment dated 25.09.2021 he was convicted for offence u/s 489-F, PPC and sentenced to suffer R.I. for three years and to pay fine of Rs.20,000/-, in case of default in payment of fine to suffer imprisonment for nine months more.  The applicant challenged the judgment of trial Court in Crl. Appeal No.23/2021, which after hearing was dismissed by the learned Sessions Judge, Kashmore at Kandhkot vide judgment dated 20.11.2021. The applicant has filed instant criminal revision application challenging the judgments of the learned trial as well as appellate Court, which was admitted for regular hearing on 11.2.2022.

          2.       During the pendency of the appeal, parties have filed compromise applications in terms of Section 345(2), Cr.P.C. for permission to compound the offence an under Section 345(6), Cr.P.C, for acceptance of compromise and acquittal of the applicant in terms of compromise. 

          3.       Learned Addl. P.G. raises no objection for acquittal of applicant on the basis of compromise.

          4.       Complainant Darya Khan Bhangwar had reportedly expired on 19.09.2021, therefore, his son, namely, Imtiaz Ali Bhangwar had filed his affidavit on 25.03.2022 in support of the compromise applications, wherein he by affirming the death of his father on 19.9.20212 has categorically stated that he has no objection if the applicant Aamir Ali Mughal is acquitted. The offence is compoundable under the law and there is no legal impediment, if the compromise between the parties is accepted and the applicant is acquitted.

          5.       In view of above, application u/s 345(2), Cr.P.C is allowed and the parties are allowed to compound the offence. Resultantly, the compromise between the parties is accepted and the applicant is acquitted in terms of compromise u/s 345(6), Cr.P.C. The applicant is present on bail.  His bail bonds are cancelled and surety is discharged.

          6.       Instant criminal revision application is disposed in the above terms.

                                                                                                JUDGE

Qazi Tahir PA/*