IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Appeal No.48 of 2011

Date	Order with signature of Judge

1.For hearing of M.A. No.6392/2012

2.For hearing of M.A.No.6393/2012

3.For hearing of M.A.No.6394/2012

Compliance Report received from III ADJ, Malir, Kay at flag “A”

22.01.2013

Mr. Khalil-ur-Rehman, advocate for the appellant

Mr. Waheed Kazi, advocate for the complainant

Mr. Imtiaz Ali Jalbani, APG.

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O R D E R

Aqeel Ahmed Abbasi,J: The appellants were convicted by IIIrd Additional Sessions Judge, Malir, Karachi in Sessions Case No.732/2008 arising out of FIR No.330/2008 under Sections 302/34 PPC of P.S. Quaidabad, Karachi, therefore, they had filed present appeal against such conviction before this Court. During pendency of appeal, Appellant Muhammad Shafique son of Taj Muhammad has filed applications under section 345(2) Cr.P.C, 345 (5) (A) Cr.P.C and 345(6) Cr.P.C duly signed by the appellant/accused and his counsel as well as two legal heirs of the deceased namely, Muhammad Hafeez Tanoli and Muhammad Nazeerand their counsel, wherein it has been prayed that permission may be granted to compromise the matter between the parties, taken place outside the court, as the legal heirs of the deceased have forgiven the appellant Muhammad Shafique only in the name of Almighty Allah without receiving any compensation/diyat, which they have waived. These applications were sent to the learned IIIrd Additional Sessions Judge, Malir, who has submitted compliance reported dated 07.01.2013, wherein it has been stated that all the required formalities have been completed.

2. Learned counsel for the appellant has submitted that all the five legal heirs namely, Muhammad Hafiz Tanoli, Muhammad Nazeer and Muhammad Farooq (all the three are brothers of the deceased) and Mst. Bibi Khatoon and Mst. Mehar Afzeeon (both are sisters of the deceased), have furnished their affidavits wherein they have categorically stated that they have forgiven the appellant Muhammad Shafique and have also waived the amount of diyat in the name of Almighty Allah which statements have duly been verified by the learned trial Court. Learned counsel further states that all the codal formalities in the instant matter have been completed, hence prays that the listed applications may be allowed and the appellant may be acquitted from the alleged crime in terms of compromise reached between the parties.

3. Learned counsel for the complainant and APG in the light of above compromise have extended their no objection for grant of listed applications. Accordingly, the applications under section 345 (2) and 345 (5)(A) Cr.P.C are allowed and parties are permitted to enter into compromise. Consequently, the application under section 345 (6) Cr.P.C is also allowed. Appellant Muhammad Shafique, who is in jail is hereby acquitted and is ordered to be released forthwith if not required in any other case.

4. The appeal against appellant Muhammad Shafique son of Taj Muhammad is disposed of in the above terms, while the same will remain pending against appellant Mst. Musarat daughter of Abdul Hai.

JUDGE