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Petitioner: MUHAMMAD SARWAR VS Respondent: StateHonorable Justice Altaf Ibrahim QureshiTanveer Chaudhry
2011 Y L R 2326
[Lahore]
Before Altaf Ibrahim Qureshi, J
MUHAMMAD SARWAR and 2 others---Petitioners
Versus
THE STATE and another---Respondents
Criminal Revision No.574 of 2011, decided on 1st June, 2011.
Penal Code (XLV of 1860)---
----S. 302---Criminal Procedure Code (V of 1898), S. 345---Qatl-e-amd---Compromise---Requisites. Widow and son of deceased who appeared in the court had recorded their statements that they had entered into compromise with accused and had received amount of compensation---According to list of legal heirs, mother of the deceased was also alive, but was not produced in the court---Effect---Mother of the deceased who was alive and was also the legal heir of the deceased was not produced---No compromise was permissible without the consent of the mother---Provisions of S.345, Cr.P.C., were to be kept in view while accepting or rejecting the compromise---Incomplete compromise would not carry any weight---Trial Court had rightly held that requisites for compromise in a compoundable case, were not fulfilled.
Tanveer Chaudhry for Petitioner.
ORDER
ALTAF IBRAHIM QURESHI, J.---This revision petition is directed against the order dated 16-5-2011 passed by the learned Additional Sessions Judge, Lahore, whereby he dismissed the application of the present petitioners moved under section 265-K, C.P.C. with the following observation:.
"Rani Bibi complainant and wife of deceased as well as Muhammad Abdul Rehman, son of deceased, appeared in the court and recorded statements of compromise in favour of the accused petitioners by admitting that they have received an amount of compensation of Rs.10,00,000 from the accused petitioners. According to list of legal heirs, mother of the deceased is also alive but she was not produced in the Court. In this background, requisites for compromise in a compoundable case are not fulfilled".
2. It is well-settled that no compromise can be accepted being acted upon without satisfaction of the Court. Admittedly, the mother of the deceased is alive, who is also the legal heir of the deceased and no compromise is permissible without her consent. Provisions as contemplated in section 345, Cr.P.C. were to be kept in view while accepting or rejecting the compromise. Incomplete compromise would not carry any weight. Petitioner may, if so advised, approach the same court by filing a fresh application on the basis of complete compromise. The order passed by the learned Additional Sessions Judge, Lahore dated 2-6-2011 is in accordance with law and calls for no interference by this Court. This petition having no force is dismissed.
H.B.T./M-929/L????????????????????????????????????????????????????????????????????????????????? Petition dismissed.