Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 427 & 436---Criminal Procedure Code (V of 1898), S.345---Mischief causing damage, mischief by fire or explosive substance with intent to destroy house---Compromise having been arrived at between the parties, complainant moved application before the Trial Court for acquittal of petitioners/accused persons on the basis of compromise---Said application was dismissed by the Trial Court---Validity---Offence under S.436, P.P.C., though was not compoundable, and application under S.345, Cr.P.C. was in-applicable to compound the same, but both the parties had amicably settled down all their differences and had resolved to lead rest of their lives in peace and tranquillity---Earlier, husband of the complainant was charged for murder by the petitioners' side, which case was also compromised---As a quid pro quo of compromise in the said murder case, complainant and her family entered into compromise with the petitioners in the present case---Section 436, P.P.C., was not compoundable, but non-compoundability of a section of law, should not be read in isolation, but it should be read in the background of each case and beneficial interpretation should be given---When the parties in the case had earnestly decided to live in peace by forgetting all their differences then it would be a need of the hour to acquit the petitioners in the present case on the basis of compromise, despite the non-compoundability---Application for acquittal of the petitioners, which was moved by the respondent/complainant herself, had shown that she herself was eager in acquittal of petitioners/accused persons---Impugned was set aside, and the petitioners, were acquitted in the case against them---Accused were set free. JUDGMENT LAL JAN KHATTAK, JUSTICE...........Petitioners Ijaz and Sharif Zaman alias Laliai have filed the instant criminal revision under section 439 Cr.P.C. read with Nifaz-e-Adl Regulation, 2009 against the order dated 2-10-2014 of the learned Additional District Judge/Izafi Zilla Qazi-I, Dir Lower at Timergara, whereby the learned lower court has refused to acquit them on the basis of compromise. 2. Brief facts of the case are that respondent…

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