Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 337-A(ii), 337-F(iv) & 34---Khyber Pakhtunkhwa Prosecution Service (Constitution, Functions and Powers) Act (I of 2005), S. 4-C(i)---Shajjah-i-mudihah, ghayr-jaifah, common intention---Quashing of order---Power of Public Prosecutor to withhold prosecution---Quashing of order for discharging the accused persons---Accused were charged by complainant for causing injuries to him and his son---Complainant filed compromise deed during pendency of application for pre-arrest bail of accused persons, with the assertion that parties had compromised---Complainant and the injured had no objection on confirmation of ad-interim pre-arrest bail of the accused persons as well as their acquittal---Ad-interim bail was confirmed by the Trial Court in view of the compromise---Public Prosecutor submitted application for discharging the accused, which was allowed---Validity---Admittedly, parties had compromised---Complainant and the injured had expressed their no objection on the confirmation of bail before arrest as well as their acquittal during trial---If the complainant was aggrieved of the compromise having not been effected with his consent, he could file application for cancellation of bail---No such application having been moved by the complainant nor he had pointed out any illegality or irregularity in the order for discharging the accused persons by allowing the application filed under S. 4-C(i) of the Khyber Pakhtunkhwa Prosecution Service (Constitution, Functions and Powers) Act, 2005---Said provision of law described that District Public Prosecutor was empowered to withhold the prosecution and to move application for discharge of such accused persons if the offence was compoundable, carrying punishment up to seven years---When complainant party had expressed their no objection on the acquittal of accused persons on the basis of compromise effected between the parties, they could not resile from their such deposition unless proved that accused compelled them to compromise through coercion, influence or force---Petition for quashing the order for discharging the accused person was…

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