SARWAR KHAN and anothers vs THE STATE and 2 others
This criminal appeal before the Supreme Court of Pakistan arose from a petition where the father of the deceased affirmed a compromise, stating that he and the other legal heirs of the deceased had forgiven the petitioner for the sake of Almighty Allah and harbored no further grievances. Consequently, the court converted the petition into an appeal, allowed it, set aside the conviction and sentence of the appellant, and ordered his immediate acquittal and release, provided he was not required in any other case. Additionally, a connected criminal petition challenging the acquittal of other individuals was dismissed as not pressed.
- Can a criminal petition be converted into an appeal upon a compromise between the parties?
- Does forgiveness by the legal heirs of a deceased person result in the setting aside of a conviction and acquittal of the accused?
- What is the effect of a compromise affirmed by the legal heirs of the deceased in a criminal case?
MUHAMMAD RAFIQ TARAR, J.---Babar Khan father of Nasir Mahmood deceased is present. He affirms the compromise recorded in the order dated 23-8-1993 passed in the Chamber and states that he and other heirs of the deceased have forgiven the petitioner in the name of Almighty Allah and now they have no grievance against him. Consequently this petition is converted into appeal and allowed. The conviction and sentence of the appellant is set aside and he is acquitted of the charge. He shall be set at liberty forthwith if not required to be detained in any other case.
2. Criminal Petition No,237/L of 1992 filed by Babar Khan challenging acquittal of Muhammad Ashraf and Afzal Khan is dismissed as not pressed.