MUHAMMAD SARWAR And 2 Others vs THE STATE And Another
This revision petition challenged an order by the Additional Sessions Judge, Lahore, which dismissed an application filed under Section 265-K of the Code of Criminal Procedure 1898. The petitioners sought acquittal based on a compromise reached with some legal heirs of the deceased, involving a compensation payment. The trial court rejected the compromise because the mother of the deceased, a recognized legal heir, was not produced to consent to the settlement. The core legal question was whether a compromise in a criminal case can be accepted when it is incomplete and excludes a necessary legal heir. The High Court upheld the trial court's decision, holding that a compromise cannot be acted upon without the satisfaction of the court and the consent of all legal heirs. The court affirmed that an incomplete compromise, which fails to include all entitled legal heirs, carries no legal weight. The petition was dismissed, with the court granting the petitioners liberty to file a fresh application once a complete compromise involving all legal heirs is achieved.
- Can a compromise in a criminal case be accepted if not all legal heirs have consented?
- Is a trial court justified in rejecting a compromise application under Section 265-K, Code of Criminal Procedure 1898 when a necessary legal heir is excluded?
- Does an incomplete compromise carry legal weight in criminal proceedings?
- Section 265-K, Code of Criminal Procedure 1898
- Section 345, Code of Criminal Procedure 1898
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 were of deceased as well as Muhammad Abdul Rehman's, 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..