Law: Criminal Procedure Code (V of 1898)

Section: 345

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Criminal Procedure Code (V of 1898)--- ----S. 345---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Compounding of offence---Legal heirs of both the deceased had forgiven the accused as well as the absconding co-accused in the name of Allah by waiving of their rights of qisas and diyat---Trial Court declared the absconded accused as proclaimed offender and issued perpetual warrant of arrest against him---Validity---Record showed that the offences with which the accused persons including the absconder were charged, were compoundable---Legal heirs of both the deceased and injured categorically stated in their statements before the Trial Court that they had patched up the matter with the accused facing trial and the absconding accused---Legal heirs of both the deceased and injured pardoned them and had no objection if they were acquitted on the basis of compromise---When legal heirs of both the deceased and the injured had settled their differences with absconding accused, the order of Trial Court issuing perpetual warrant of arrest against him was incorrect and not sustainable---Petition was allowed by setting aside the of Trial Court to the extent of issuance of perpetual warrant of arrest against absconder and acquitting him of the charges on the basis of compromise. Muhammad Nawaz and others v. State 1998 MLD 1 rel. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR, J.--- Through the instant petition under sections 439/435 read with section 561-A, Cr.P.C., the petitioner Mst. Gul Noora has called in question the order dated 23.01.2017 rendered by learned Additional Sessions Judge-IV, D.I. Khan, whereby accused Muhammad Khan alias Muhammad was declared as proclaimed offender and perpetual warrant of arrest was issued against him. 2. The brief facts giving rise to the instant petition are that on the report of petitioner, a case vide FIR No.385 dated 04.10.2014 was registered at Police Station Saddar, D.I. Khan under sections 302/324/ 148/149, P.P.C. against accused Gul Rehman alias Bilal, Gulab Khan, Fazal Rehman, Muhammad Khan alias Muhammad and Abdur Rehman. Complete challan against the accused was submitted before the learned trial Court. In the meanwhile,…

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