Muhammad Idrees vs State etc
The petitioner, Muhammad Idrees, challenged his conviction and sentence under Section 489-F of the Pakistan Penal Code 1860, arising from FIR No. 462/2017 registered at Police Station Baseerpur, District Okara. Following his conviction by the Magistrate Section-30 (MTMC) Depalpur and the subsequent dismissal of his criminal appeal by the Additional Sessions Judge, Depalpur, the petitioner approached the Lahore High Court. At the hearing, the complainant stated that a compromise had been effected between the parties and that he had no objection to the petitioner's acquittal. The court observed that the subject offence is compoundable. Consequently, the court accepted the petition, set aside the judgments of the lower courts, and acquitted the petitioner of the charge, directing his immediate release unless required in any other case.
- Can a conviction under Section 489-F of the Pakistan Penal Code 1860 be set aside on the basis of a compromise between the parties?
- Whether an accused can be acquitted in a compoundable criminal case when the complainant states that the matter has been patched up and has no objection to the acceptance of the petition?
- Section 489-F, Pakistan Penal Code 1860
- Section 382, Code of Criminal Procedure 1898
Petitioner was tried in case FIR No. 462/2017 dated 28.10.2017 registered under Section 489-F , PPC at Police Station Baseerpur , District Okara got registered by Fayyaz Ahmad, complainant. On conclusion of trial, learned Magistrate Section-30 (MTMC) Depalpur , vide judgment dated 18.1 1.2019 convicted the petitioners as follow: Muhammad Idrees is convicted under Section 489-F , PPC and sentenced to undergo simple imprisonment for one year and two months with fine of Rs. 50,000/- or in lieu thereof to further undergo two months simple imprisonment.
Benefit of Section 382 Cr.PC was extended in favour of petitioner . He challenged his conviction and sentence through Criminal Appeal before learned Additional Sessions Judge, Depalpur , which was dismissed vide order dated 15.01.2021.
2.At the very outset, complainant present in Court states that compromise has been affected between the parties and matter has been patched up, therefore, he has no objection if this petition is accepted and petitioner is acquitted of the charge. Offence with which the petitioner has been charged is compoundable, therefore, while accepting this petition conviction and sentences of petitioner awarded vide judgment dated 18.11.2019 by learned Magistrate Section-30 (MTMC), Depalpur and upheld by learned Additional Sessions Judge, Depalpur vide judgment dated 15.01.2021 are set aside. Petitioner is acquitted of the charge. He is in jail and be released forthwith if not required in any other case.
3. Crl. Misc. No. 01/2021 has become infructuous, which is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.