Citation Name: 2025 YLR 1501 KARACHI-HIGH-COURT-SINDHBookmark this Case Sohail Majeed Ayat vs State Ss

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Citation Name: 2025 YLR 1501 KARACHI-HIGH-COURT-SINDHBookmark this Case Sohail Majeed Ayat VS State Ss. 420, 468, 471, 427 & 34---Cheating and dishonestly inducing someone to deliver property, forgery for the purpose of cheating, use of a forged document as genuine, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Compromise---Accused were charged they had obtained forged heir-ship certificate by way of fraud and got transferred the property of complainant in their names---Joint application for settlement supported by the affidavits of all concerned were duly sworn in by them---After filing of compromise application, all concerned also conceded to disposal of the appeal on the basis of compromise arrived at between the parties and acquittal of the appellant even in respect of non-compoundable offences---In the best interest of justice, equity and fair play the compromise arrived at between the parties in the instant case in respect of compoundable offences viz. Ss.420 & 427, P.P.C, as well as non-compoundable offences was accepted/allowed to take effect---Appellant alleged that S.498-A P.P.C had been wrongly inserted in the charge which led to his subsequent conviction under S.498-A, P.P.C., by the Trial Court---As per record, in FIR No.93 of 2020, there was no mention of S.498-A, P.P.C.; therefore, insertion of said Section in the charge and conviction of the appellant under said Section by the Trial Court was not in consonance with law---At the time of transaction/mutation dated 17.11.2008, S.498-A, P.P.C. was not in the field/existence as it was promulgated by the Legislature through Criminal Law (Third Amendment) Act, 2011, vide Act No.XXVI of 2011 on 28th December, 2011; therefore said Section was wrongly inserted in the charge by the Trial Court---Prosecution alleged that at the time when the compromise application was not yet filed by the parties, the trial Court had rightly inserted and subsequently convicted the accused/appellant under S.498-A, P.P.C---However, after filing of compromise application, they also conceded to disposal of the appeal on the basis of compromise arrived at between the parties and acquittal of the appellant even for the offence under S.498-A, P.P.C, too---In view of said legal position, it could safely be held that insertion of S.498-A, P.P.C, in the charge framed by the Trial Court and subsequent conviction of the accused/ appellant for the offence under said Section was not warranted under the law---Compromise application was allowed, in circumstances---Consequently, Criminal Appeal stood allowed accordingly.

Citation Name: 2025 YLR 1501 KARACHI-HIGH-COURT-SINDHBookmark this Case Sohail Majeed Ayat vs State Ss — 2025 YLR 1501 KARACHI-HIGH-COURT-SINDH

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