ABDUL RAZZAQ vs The STATE
This matter arises from a petition for leave to appeal against the judgment of the Peshawar High Court, which had set aside the petitioner's acquittal and convicted him under section 325 of the Pakistan Penal Code 1860, sentencing him to one year's rigorous imprisonment and a fine for injuring the complainant. The core legal question concerns the effect of a written compromise between the parties in respect of a compoundable offence. The Supreme Court held that since the offence under section 325 is compoundable and the parties confirmed the written compromise in open court, the petition should be converted into an appeal and accepted. The court established the principle that a genuine compromise between the parties in a compoundable criminal offence warrants the setting aside of conviction and the acquittal of the accused.
- Can a petition for leave to appeal be converted into an appeal upon a compromise between the parties?
- What is the effect of a compromise between parties in a compoundable offence under the Pakistan Penal Code 1860?
- Section 325, Pakistan Penal Code 1860
ORDER
1. SHAFIUR RAHMAN, J.-At the hearing of this petition for leave to appeal against the judgment of the Peshawar High Court dated 4-8-82 whereby on State appeal setting aside the acquittal, Abdur Razzaque was held guilty under section 325, P. P. C. And sentenced to one year's R. I. And Rs. 1,000 as fine for injuring Akbar Jan, a written compromise was submitted by the parties. Abdur Razzaq and Akbar Jan are present in Court and confirm this compromise. As the offence under section 325 is compoundable we convert this petition into appeal, accept it, set aside the judgment of the High Court and acquit the appellant Abdul Razzaq. He is discharged of his bail bond.
Cited by 3 cases
- WALI MUHAMMAD and 2 others vs THE STATE and 2 others 2011 P Cr. L J 1252
- WALI MUHAMMAD & 2 others vs STATE & 2 others 2012 PLJ FSC 11
- MUHAMMAD ANWAR and others vs THE STATE 1989 P Cr. L J 2381