Pakistan Case Law
2004 SCMR 659

HAMEED KHAN vs THE STATE

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Citation2004 SCMR 659
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous Application No,368 of 2003 Criminal Petition
Date2004-02-17
Judge(s)Nazim Hussain Siddiqui, C.J. Javed Iqbal and Abdul Hameed Dogar
ResultCompromise accepted
Summary

The Supreme Court of Pakistan heard a petition filed by the accused, Hameed Khan, seeking acquittal on the basis of a compromise reached with the legal heirs of the deceased, Arab Gul. The legal heirs, being the son and daughter of the deceased, appeared before the Court and confirmed the receipt of compensation amounting to Rs. 4,00,000, apportioned as Rs. 3,00,000 to the son and Rs. 1,00,000 to the daughter. The Court also examined the report submitted by the Additional Sessions Judge, Mianwali, which verified that the compromise entered between the parties was genuine. In view of the report and the express admissions made by the legal heirs regarding the settlement, the Supreme Court accepted the compromise. Consequently, the petition was converted into an appeal, the appeal was allowed, and the petitioner/accused was acquitted under Section 345 of the Code of Criminal Procedure 1898.

Questions settled in this judgment
  • Whether an accused can be acquitted under Section 345 of the Code of Criminal Procedure 1898 based on a verified compromise with the legal heirs of the deceased?
  • Whether receipt of compensation and express admission by the legal heirs of a deceased person validates a compromise for compounding an offence?
  • Can the Supreme Court convert a leave to appeal petition into an appeal to grant acquittal upon accepting a genuine compromise?
Laws & provisions referred
  • Section 345, Code of Criminal Procedure 1898
compromiseSection 345 Cr.P.C.acquittallegal heirscompensationconversion of petition into appeal

ORDER

Akhtar Gul and Mst. Asal Marjana both son and daughter respectively of Arab Gul deceased are present and state that they have received Rs,4,00,000 (Rupees four lacs) as compensation from Hameed Khan petitioner/accused. They also state that out of aforesaid amount Rs,3,00,000 (Rupees three lacs) are the share of son and Rs,1,00,000 (Rupees one lac) of the daughter. Both the legal heirs specifically admitted before us that they have received their respective shares.

According to the report of learned Additional Sessions Judge, Mianwali, compromise entered between the parties is genuine.

2. Keeping in view, the report of Additional Sessions Judge, Mianwali and the admissions made before us by above named legal heirs of the deceased, the compromise is accepted and petitioner/accused Hameed Khan is acquitted under section 345, Cr.P.C. The petition is converted into appeal and the same is allowed.

Compromise accepted.

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