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MEHBOOB ALI vs State S — 2022 PCrLJ 749 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 749 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
MEHBOOB ALI vs State S
Subject matter
Criminal
Provisions referred to
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

MEHBOOB ALI VS State S. 345(6)---Penal Code (XLV of 1860), Ss. 438, 506(2), 337-H(2) & 34---Mischief committed by fire or explosive substance, criminal intimidation, rash or negligent act to endanger human life or personal safety of others, common intention---Appreciation of evidence---Compounding of offence---Compromise between the parties---Conviction and sentence, effect upon---Prosecution case was that the accused along with his co-accused were present in cattle pond of complainant, they were encircled by the complainant party and caught hold of accused, while co-accused by making aerial firing and extending threats made their escape good---Record showed that both the parties viz. the complainant and the accused had patched up their differences and amicably settled their disputes and had filed application under S. 345(2), Cr.P.C., for granting permission to compromise the matter---Compromise application under S. 345(6), Cr.P.C., was also filed mentioning therein that due to intervention of nekmards of locality the parties had compromised the matter for keeping good, brotherly and cordial relations with each other---Admitted fact was that both the parties had amicably settled all their differences and disputes and had agreed to pass rest of their lives in peace, tranquillity and harmony, however, High Court observed that non-compoundability of a particular offence under any section of the enactment should not be read in isolation but it should be read in the background of each criminal case and beneficial interpretation should be given to it---Petition was allowed by setting aside conviction and sentences recorded by the Trial Court, in circumstances--- Accused was acquitted accordingly.

Other judgments reported in 2022 PCRLJ

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