Papoo vs Adnan Ss — 2025 MLD 672 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 672 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Papoo vs Adnan Ss
Subject matter: Criminal
Provisions referred to: S. 345---I; S. 3; Criminal Procedure Code (V of 1898); Illegal Dispossession 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

Papoo VS Adnan Ss. 3, 4 & 8---Criminal Procedure Code (V of 1898), S.345---Illegal dispossession---Appreciation of evidence---Compromise---Accused was charged for illegally occupying the residential plot of the complainant---Appellants were convicted under S.3 subsection (2) of the Illegal Dispossession Act, 2005---Joint application for compromise between parties had been filed duly supported with affidavits of accused persons as well as complainant---Counsel for the complainant had also made a statement duly signed by the complainant to the effect that possession of the disputed property had been handed over to complainant, therefore he had no objection to acquittal of the accused persons---Legal question was that said offence was not compoundable nor the legislature had defined it in its Preamble whether it should be treated as compoundable or non-compoundable---However, if the parties, particularly the aggrieved person/victim and both the parties i.e. the complainant and appellant/convict, had compromised against themselves then it should be treated as compromised, though under the statute it had not been defined whether it was compoundable or non-compoundable---In the present case, keeping in view the compromise that had taken place between the parties outside the Court, it was not proper to hold the conviction, especially when the complainant did not want to pursue his case anymore and had raised his no objection for acquittal of the appellants---In the circumstances and in view of the compromise effected between the parties, the appeal was disposed of---Appellants were acquitted of all the charges.

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