Citation Name: 2024 PCrLJ 1738 LAHORE-HIGH-COURT-LAHOREBookmark this Case Zafar vs State Ss

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Citation Name: 2024 PCrLJ 1738 LAHORE-HIGH-COURT-LAHOREBookmark this Case Zafar VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 345---Qatl-i-amd, common intention---Compounding of offence---Scope---Parties, during the trial, moved application under S. 345, Cr.P.C., and stated that they had amicably settled the matter outside the court---None of the legal heirs of the deceased had contested the compromise---Admittedly in this case, accused persons had been convicted under S.302(b), P.P.C, and sentenced as Ta'zir---Direct surviving legal heirs of the deceased were quite competent to effect compromise under S.345(2), Cr.P.C., where punishment had been passed as Ta'zir---In this case, two widows of the deceased, his son and three daughters were the only surviving legal heirs of the deceased---Father and mother of the deceased had died---Father of the deceased died prior to his murder however, though mother died after the occurrence yet her legal heirs could not be termed as legal heirs of deceased by any stretch of imagination for the purpose of compromise in this case---Though as per reports of Sessions Judge concerned, compromise was incomplete between the legal heirs of the deceased and the accused persons because brother and sister of the deceased had not entered into compromise, however, brother and sister of the deceased were not his legal heirs for the purpose of compounding the offence as it was a case of Ta'zir, so reports of Sessions Judge, concerned, to extent were misconceived and as such discarded---Statements of legal heirs of the deceased reflected that the compromise between the accused persons and said legal heirs was genuine and they had arrived at a compromise with their free will and without any duress or coercion---In view thereof, when the proposed compromise between legal heirs of the deceased and accused persons was likely to promote the cause of peace in the locality/society as well as betterment of present and coming generations of the parties and particularly when no element of "Fisad-fil-Arz" within the meaning of S.311, P.P.C, 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), Cr.P.C.---Hence, permission/leave for effecting compromise between the accused persons and legal heirs of the deceased was granted by allowing the application filed by accused persons---Accused were acquitted of the charge within the meaning of S.345(6), Cr.P.C.

Citation Name: 2024 PCrLJ 1738 LAHORE-HIGH-COURT-LAHOREBookmark this Case Zafar vs State Ss — 2024 PCrLJ 1738 LAHORE-HIGH-COURT-LAHORE

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