Muhammad Inayat vs The State
This matter concerns the procedural requirements for effecting a compromise in a criminal case involving the legal heirs of a deceased person. The core legal question addressed was whether the legal heirs of the deceased at the time of the occurrence or those existing at the time of the compromise constitute the 'Walis' of the deceased for the purpose of compounding an offense. The Supreme Court of Pakistan declined to resolve this specific legal ambiguity directly. Instead, the Court held that the appropriate forum for parties to seek a compromise is the Trial Court, pursuant to the provisions of Section 338-E(ii) of the Pakistan Penal Code 1860. Upon being advised of this procedural requirement, the petitioner sought to withdraw the petition. Consequently, the Supreme Court dismissed the petition as withdrawn, directing the parties to approach the Trial Court directly to pursue the compromise. The judgment emphasizes that the Trial Court is the proper venue for adjudicating matters related to the compounding of offenses under the relevant statutory framework.
- Is the Trial Court the appropriate forum for parties to apply for a compromise under Section 338-E(ii) of the Pakistan Penal Code 1860?
- Section 338-E(ii), Pakistan Penal Code 1860
ORDER The report of the Session Judge is received where he has left the question open, as to whether the legal heirs of the deceased at the time of occurrence would be the Walis of the deceased or those existing at the time of compromise.
2. The better to resolve the problem is that the parties should apply for compromise before the Trial Court directly under section 338-E(ii), PPC. When confronted with this legal aspect of the case, learned counsel for the petitioner opted to withdraw the instant petition. The same is accordingly dismissed as withdraw with the remarks that, for compromise, the Trial Court be/Resorted.