WAQAS KHAN vs State S — 2025 PLD 67 PESHAWAR-HIGH-COURT

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WAQAS KHAN VS State S. 265-K---Honourable acquittal---Scope---Petitioners (three in number) one being a student and others intending to go abroad needed good character certificates that were issued by the concerned District Police Officer---Petitioners filed constitutional petition seeking issuance of Character Certificate without mentioning an extra note having a reference of a FIR having been registered against them as well as subsequent order of their acquittal ('the impugned note')---Reason/ basis, statedly, for impugned note was that though the petitioners had been acquitted in the said criminal case by the Court but in exercise of its powers under S. 265-K, Cr.P.C on the basis of a compromise---Contention of the petitioners was that though a compromise was effected between the parties, yet due to acquittal of an accused either way in a case, the FIR would certainly lose its effect; thus, impugned note was unreasonable and unjustified---Validity---Record revealed that though the petitioners were initially charged in the said FIR but subsequently, they had been acquitted by the competent Court of law under S. 265-K, Cr.P.C, on confirmation of a compromise---An acquittal in a criminal case ,either on the basis of merit or a compromise, is honorable acquittal and an acquittal on the basis of compromise could not be legally underestimated, therefore, all acquittal whether on the basis of merit or compromise are to be regarded and respected with the same yardstick---All acquittals if these are based on benefit of doubt are honourable for the reason that the prosecution has not succeeded to prove its case against the accused on the strength of evidence of unimpeachable character---All acquittals are certainly honourable---There can be no acquittals, which may be said to be dishonorable---Law has not drawn any distinction between these types of acquittals---In the present case the nature of allegations which were made against the petitioners in the FIR were not of moral turpitude or any allegations against the State or which affected the society at large as it was only a dispute between two individuals which ended up in a happy note as good conscious and truthfulness prevailed among them and as such they entered into a compromise and accordingly the petitioners had been acquitted---Though the petitioners were charged in the FIR but once they were acquitted by the competent Court of law then all the allegations levelled in the FIR were considered to be no more in existence and they were to be presumed, treated and regarded as innocent persons under the law, therefore, the factum of mentioning of the FIR and acquittal order on the basis of compromise in the impugned character certificates for police clearance were neither legal nor justifiable rather the same would amount to defeating the very purpose and effect of the acquittal order---High Court directed the concerned District Police Officer (respondent) to issue "Character Certificates for police clearance" to all the three petitioners without mentioning the impugned note---Constitutional petition was allowed accordingly.

WAQAS KHAN vs State S — 2025 PLD 67 PESHAWAR-HIGH-COURT

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