Citation Name: 2024 YLR 157 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BIBI ZAINAB vs Haji MUHAMMAD HASSAN Ss — 2024 YLR 157 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 YLR 157 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 157 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BIBI ZAINAB vs Haji MUHAMMAD HASSAN Ss
Subject matter: Criminal
Provisions referred to: S. 561-; S. 417

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: 2024 YLR 157 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case BIBI ZAINAB VS Haji MUHAMMAD HASSAN Ss. 345, 417 & 561-a---Compromise of case---Jurisdiction of High Court---Petitioners assailed final disposal of a matter on the basis of compromise---Petitioners claimed to be Wali and legal heirs of deceased but for reasons known to deceased party and notables, they were neither made party to the compromise nor any thing was brought on record regarding all surviving legal heirs of the deceased---Contention of petitioners was that their mother was illiterate lady who was not properly represented in the compromise as well as before Trial Court and petitioners were minors, who were unaware about the fact of the murder of their late father and acceptance of the compromise, which was only arrived at between the widow of deceased and respondent---Validity---as per photocopies of CNICs of petitioners issued by NaDRa authorities petitioners were minors at the time of filing of petition---There was nothing on record to show the circumstances, which compelled widow of deceased and respondents not to disclose their names at the time of compromise---Such fact also escaped from the notice of Trial Court---It was not possible for High Court to re-open the case on merits in exercise of power conferred under S. 561-a, Cr.P.C., that too, after lapse of more than ten (10) years---Petitioners were at liberty to avail remedy under S. 417, Cr.P.C. by following the law with legal exceptions---Constitutional petition was dismissed, in circumstances.

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