Munshi INTIZAR HUSSAIN alias GAPPU vs State S — 2022 MLD 2006 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 2006 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Munshi INTIZAR HUSSAIN alias GAPPU vs State S
Subject matter: Criminal
Provisions referred to: S. 345---P; S. 345; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Munshi INTIZAR HUSSAIN alias GAPPU VS State S.345---Penal Code (XLV of 1860), Ss. 302 & 311 ---Qatl-i-amd---Ta'zir after waiver or compounding of right of qisas in qalt-i-amd---Compounding offences---Scope---Accused sought permission to compound the offence as he and legal heirs of deceased had arrived at a compromise---Report of Sessions Judge and statements of legal heirs of deceased reflected that the compromise between the accused and legal heirs was genuine and they had arrived at a compromise with their free will and without any duress or coercion---When the proposed compromise between legal heirs of the deceased and accused was likely to promote the cause of peace in the locality/society as well as betterment of present and coming generations of the parties particularly when no element of Fasad-fil-Arz had been found from the facts and circumstances of the case, then it was appropriate to grant permission/leave for effecting the compromise within the meaning of S.345(2)(5), Cr.P.C.---Permission/leave for effecting compromise between accused and legal heirs of deceased was granted---Appeal was also accepted, conviction recorded by the Trial Court was set aside.

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