Law: Criminal Procedure Code (V of 1898)

Section: 345,439

Law: Pakistan Penal Code, 1860

Section: 452

Criminal Procedure Code (V of 1898)---- ---Ss.345 & 439---Penal Code (XLV of 1860), S.452---Compounding of offence---Suo motu revision---Offence under the F.I.R. had since been compounded and the matter had been disposed of by the Trial Court---Considering that offence under S.452, P.P.C. was not compoundable, show-cause notice was issued to complainant and to accused as to why order to the extent of allowing compounding of the offence under S.452, P.P.C. should not be recalled---Parties being neighbours, were living harmoniously and behaving properly, good sense prevailed and they had patched up their differences and decided to live in peace and harmony---When heinous crimes like murder were allowed to be compounded, present crime under S.452, P.P.C. i.e. trespass to cause hurt and assault, was rendered secondary---If Court would remand the matter for decision on merits, there was no likelihood to record conviction or otherwise---Acceptance of compromise was in the larger interest of two neighbours for the benefit of congenial neighbour-hood environment--Notice issued was discharged in circumstances. Hussain Bux v. State PLD 2003 Kar. 127 rel. THIS ORDER PASSED BY: MUSHIR ALAM, J.--- It appears that when the application for return of the surety was moved by the Midhat Azeem Kidwai this Court noted that the offence under the F.I.R. has since been compounded and the matter has been disposed of by the learned Trial Court. It was noted that the offence under section 452, P.P.C. is not compoundable; show-cause notice was issued to the complainant and to the accused as to why order, dated 9-2-2004 to the extent of allowing compounding of the offence under section 452, P.P.C. may not be recalled. Notice has been served. Complainant and accused are present…

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