Citation Name: 2025 PCrLJ 183 KARACHI-HIGH-COURT-SINDHBookmark this Case Waliullah Shah Mashwani vs Muhammad U

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Citation Name: 2025 PCrLJ 183 KARACHI-HIGH-COURT-SINDHBookmark this Case Waliullah Shah Mashwani VS Muhammad Usman Brohi S. 3---Criminal Procedure Code (V of 1898), Ss. 345(5) & 345(6)---Illegal dispossession---Compromise---Scope---During the pendency of the instant appeal, both parties had compromised the matter outside court, and in that regard, they had filed joint applications under Ss. 345(5) & 345(6), Cr.P.C, along with supporting affidavit of complainant---Complainant submitted that possession of the property in dispute had been handed over to him; therefore, he, with the core of his heart, had forgiven the appellant; hence, they had filed compromise applications jointly and he did not want to prosecute the appellant anymore and he had no objection if the applications were allowed and the appellant was acquitted of the charge---Validity---Appellant-accused was convicted under subsection (2) of S.3 of the Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005, did not specify whether the alleged offence was compoundable or non-compoundable---Section 9 of the Act mandated that, except where otherwise specified, the provisions of the Criminal Procedure Code, 1898, shall govern all proceedings conducted under the Act---Therefore, a compromise effectuated under the Act must be regarded as a compromise under S.345 of the Criminal Procedure Code---Moreover, it is recognized that parties to a dispute may reach an amicable resolution, signifying their commitment to co-exist in peace, tranquility, and harmony---Such principle reflected the legal philosophy that encouraged the settlement of disputes through mutual agreement, thereby promoting social stability and reducing the burden on the judicial system---In relation to the non-compoundability of specific offences, it was critical to interpret such provisions within the context of individual cases---Legal precedents suggested that a beneficial interpretation of statutory provisions should be favoured, allowing Courts to consider in accordance with the facts and circumstances of each case rather than applying a rigid interpretation---Such approach aligned with the broader legal philosophy of justice and equity, emphasizing that the spirit of the law should guide judicial outcome to foster reconciliation and uphold community harmony---In light of the compromise reached between the parties outside the Court, the complainant's decision not to pursue the case and his lack of objection to the appellant's acquittal, it was not appropriate to uphold the conviction---Therefore, in order to maintain cordial relations between the parties in future, the application under S.345(5), Cr.P.C., was granted; resultantly, the application under S.345(6), Cr.P.C. was accepted---Appellant was acquitted of the charge by way of compromise.

Citation Name: 2025 PCrLJ 183 KARACHI-HIGH-COURT-SINDHBookmark this Case Waliullah Shah Mashwani vs Muhammad Usman Brohi S — 2025 PCrLJ 183 KARACHI-HIGH-COURT-SINDH

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