Hameed Khan vs The State

JUDGM ENT

M USARRAT HILALI, J. This criminal revision has been directed against the order dated 18.11.2021 passed by the learned trial court/Judge, Juvenile Court, Swabi, whereby the prayer of the present petitioner Hameed Khan for his acquittal in a criminal case registered against him vide FIR No. 365, dated 26.06.2021, under sections 302/ 311/338-C, P.P.C. read with 15 AA of Police Station, Zaida, District Swabi, on the basis of compromise with the legal heirs of the deceased, was rejected.

2. Concise facts of the case, as reflected from the record, are that on 26.06.2021 Mst. Naseehat wife of Zubair was brought by the local police from Dar ul Aman Mardan to the Court of learned Magistrate, Swabi, where her prayer of post arrest was allowed. She was seated in the verandah of the Court under the escort of a lady constable when at 13.30 hours; she was fired at by a youngster, who during chase was overpowered along with a .30 bore pistol, the weapon of offence. The offender disclosed his name as Hameed, the present petitioner, who killed his mother on the name of `ghairat', accordingly, the above referred was registered against him.

3. After completion of investigation, Challan under section 173, Cr.P.C. was forwarded to the court of learned Judge, Juvenile Court, Swabi, where before framing of charge, the petitioner-accused submitted compromise. The learned trial court though recorded statements of the legal heirs of the deceased duly endorsed by the elders of the locality, yet the petitioner was not accorded permission to compound the offence, vide the impugned order, hence, the instant petition.

4. Arguments heard and record perused.

5. On the face of record, the petitioner is charged for the brutal murder of his mother on the pretext of honour, who was brought by the local police under the escort of a lady police constable from Dar ul Aman to the court premises, the place where law protect the life of citizen. No doubt, offences punishable under Pakistan Penal Code, specified in the first two columns in the table under section 345, Cr.P.C., could be compounded by the persons mentioned in the third column of that table but in view of subsection (2-A) of section 345, where an offence under Chapter XVI of the Pakistan Penal Code has been committed in the name or on the pretext of karokari, siyahkari or similar other customs or practices, such offence may be waived or compounded subject to such conditions as the court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case. According to the above provisions of law, it is for the Court to decide, whether the offence is to be waived or compounded and that what conditions are required to be imposed having regard to the facts and circumstances of the case. Subsection (7) of section 345 provides that no offence shall be waived or compounded save as provided by this section and section 311 of the Pakistan penal Code. As per language of section 311, where the principle of fasadfil-arz is attracted, the court may, having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with death or imprisonment for life or imprisonment of either description for a term which may extend to fourteen year as ta'zir and under proviso of the aforesaid section, if the offence has been committed in the name or on the pretext of honour, the punishment shall be imprisonment for life.

Likewise, fasad-fil-arz is a serious form of crime, which has been defined under clause (ee) of section 299 of the Pakistan Penal Code, which includes the offences committed in the name or on the pretext of honour. The very object to amend the Pakistan Penal Code, 1860 (Act XLV of 1860) and the Code of Criminal Procedure, 1898 (Act V of 1898) through the Criminal Law (Amendment)

(Offences in the name or pretext of Honour) Act, 2016, was to deter and prevent offences in the name or pretext of honour in Pakistan and according to the existing law, the convict in honour killing cases will have to face life imprisonment even if the legal heirs of the victim arrived at compromise with the convict and pardon him.

6. For what has been discussed above, the findings of the learned trial court by not giving permission to the petitioner to compound the offence are in accordance with law and there is no illegality or irregularity in the impugned order warrants interference by this court, resultantly, the instant petition being without merit is hereby dismissed.