Criminal Shariat Captain S.M. ASLAM vs Mst. RUBY AKHTAR and anothers
This matter comes before the Supreme Court of Pakistan through two Criminal Shariat Appeals involving cross-litigation between the parties. The core legal question concerns whether the parties can amicably resolve their long-standing disputes by submitting a compromise application to withdraw their pending criminal complaints and associated civil and criminal proceedings. The court held that since the parties have agreed to withdraw all complaints and terminate a decade-long litigation, the compromise is accepted and permission to withdraw is granted. Consequently, the conviction of the appellant in the first appeal is set aside, the complaints stand dismissed as withdrawn, and all other related pending cases in various courts are disposed of in terms of the compromise. The key principle laid down is that courts may facilitate the amicable resolution of disputes by accepting bona fide compromises between parties in compoundable matters, thereby bringing an end to protracted multi-forum litigation.
- Can criminal appeals be disposed of on the basis of a compromise between the parties?
- Whether permission to withdraw complaints can be granted pursuant to a compromise application?
- What is the effect of an accepted compromise on pending civil and criminal cases between the same parties?
ORDER
' KHALIL-UR-REHMAN KHAN, J.---This order will dispose of two Criminal Shariat Appeals bearing Nos.70(S) of 1992 and 32(S) of 1995.
2. The parties have submitted a compromise application withdrawing the complaints filed against each other, subject-matter of these two appeals. They have also agreed not to prosecute the other civil and criminal cases, lodged against each other and presently pending in different Courts. A list of these cases has been attached as Annexure-A to the Compromise Application.
3. As the litigation going on between the parties for the last more than a decade will be no more, the compromise is accepted and permission to withdraw the complaints is allowed. The result of the compromise is that the order of conviction against Captain Syed Muhammad Aslam, appellant in Shariat Appeal No,70(S) of 1992 is set aside and the Complaints stand dismissed as withdrawn.
Both the appeals are disposed of in terms of compromise. The other cases pending in various Courts shall also stand disposed of. Copies of this order and the application with its Annexure shall be produced by the parties before the Courts before which the cases are pending for having the said litigation dismissed/discharged.