TAJAMMAL SHAH Versus THE STATE
This matter comes before the Lahore High Court as a criminal appeal filed by Tajammal Shah against his conviction under sections 324, 337-A(ii), 337-A(i), 354, and 452 of the Pakistan Penal Code 1860, as rendered by the trial court. The core legal question concerns the effect of a valid compromise reached between the appellant, the complainant, and the injured parties in compoundable offences. The Court held that in view of the verified report of the Magistrate confirming the compromise, and the explicit statements of the complainant and injured persons present in Court stating they had no objection to the appellant's acquittal, the appeal should be allowed. The key principle laid down is that where parties have amicably resolved their disputes and entered into a genuine compromise in compoundable matters, and the state counsel raises no objection, the appellate court may set aside the conviction and acquit the accused accordingly.
- Can a criminal appeal be decided on the basis of a compromise between the parties?
- What is the effect of a verified report regarding a compromise on pending criminal proceedings?
- Whether an accused can be acquitted on the basis of a compromise when the State counsel has no objection?
- Section 324, Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 354, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
1. ' On 19-9-2001 this Court had disposed of C.M. No,432-M of 2001 and directed the office to fix the main appeal as the report had been received from Mr. Muhammad Younis, learned Civil Judge 1st Class/Magistrate Section 30, Pakpattan Sharif to the effect that the parties had compromised. I propose to decide the appeal in terms of the afore-referred report. The appellant was tried by learned Civil Judge/Magistrate Section 30, Pakpattan Sharif and vide judgment dated 15-2-2001 he convicted him in the following terms:-- [Table] Under section 7 years' R.I. And a tine of 324, P. P. C Rs,10,000 Under section 2 years' R.I compensation 337-A(ii), amount of Rs,13,787 P. P . C .
2. Under section 1 year's (four counts) and 337-A(I),P.P.C. Daman Rs,1,000 Under section 1 year's R.I.
3. 354, Under section 2 years' R.I. And tine of 452, P.P.C. Rs,1,000.
4. The report of the learned Civil Judge/Magistrate Section 30, Pakpattan Sharif is to the effect that he recorded the statement of the complainant and the injured which have also been annexed with the report. Those are to the effect that they have compromised with the appellant and they have no objection if he is acquitted. Ali Gauhar complainant and Mst. Naeema Bibi injured are present' in Court. They endorsed the averments made in the statements recorded by the learned Civil judge/Magistrate Section 30, Pakpattan Sharif to which reference has been made above. Learned State Counsel has also no objection to the acquittal.
2. In view of the above this appeal is allowed and the appellant is acquitted of the B charge. He shall be released forthwith unless detained in any other case.