Citation Name: 2023 PCrLJ 577 PESHAWAR-HIGH-COURTBookmark this Case YASIR KHAN vs State S — 2023 PCrLJ 577 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 577 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 577 PESHAWAR-HIGH-COURTBookmark this Case YASIR KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 265-K---P; S. 506---T; S. 25---K; S. 265-K; S. 506; S. 25; K---Penal Code (XLV of 1860); Telegraph Act (XIII of 1885); Ghag Act (II of 2013); Ghag Act; Telegraph Act

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

Citation Name: 2023 PCrLJ 577 PESHAWAR-HIGH-COURTBookmark this Case YASIR KHAN VS State S. 265-K---Penal Code (XLV of 1860), S. 506---Telegraph Act (XIII of 1885), S. 25---Khyber Pakhtunkhwa Elimination of Custom of Ghag Act (II of 2013), Ss. 3 & 4---Criminal intimidation, intentionally damaging or tampering with telegraphs, no one shall demand the hand of a woman in marriage by way of Ghag---Power of Court to acquit accused at any stage---Compromise was effected at bail stage---Application for the acquittal of the petitioners under S. 265-K, Cr.P.C., on the basis of compromise was turned down---Scope---Petitioners were charged under S. 506, P.P.C., read with Ss. 3/4, Ghag Act and S. 25, Telegraph Act---Sections 3/4, Ghag Act and S. 25, Telegraph Act were not compoundable while S. 506, P.P.C. though compoundable but could not be compounded without intervention of the Trial Court---Compromise in that case was arrived at between the parties before the Court which was seized of the pre-arrest bail of the petitioners and was undoubtedly not the Trial Court---Compromise at bail stage would not be considered in the subsequent proceedings---Perusal of compromise deed as well as statement of the complainant recorded before the Trial Court would reveal that the complainant had compromised the matter with the petitioners only to the extent of confirmation of pre-arrest bail of the petitioners and there was no mention with regard to the acquittal of the petitioners at trial stage---Petitioners, in circumstances, could not be acquitted on the basis of compromise effected by the complainant at bail stage as the compromise had been effected at bail stage which was not effective at the stage of trial---Criminal revision was dismissed accordingly.

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