Law: Criminal Procedure Code (V of 1898)

Section: 265-K,345,439,561A

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 265-K, 345, 439 & 561-A---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Compromise---Failure to effect the compromise during trial---Petitioners were aggrieved of the order passed by the Trial Court whereby the application of the petitioners filed under S. 265-K, Cr.P.C. was dismissed, while other accused were acquitted on the basis of compromise---Validity---FIR showed that all the accused had been assigned the same role in the case, which could be termed as an effective role for the murder of the deceased---Genuine compromise at the bail stage had been effected between the parties for an end to the enmity once for all, as both the parties were closely related to each other---As a result of said compromise, petitioners were released on bail and none of the legal representatives of the deceased had pointed his finger on the said compromise at the bail stage---Said compromise showed that all the legal representatives of the deceased had waived off their right of Qisas and Diyat against the petitioners---Legal representatives had got "no objection" on their enlargement on bail and acquittal at the trial stage in the case---Compromise arrived between the parties was not confined to the matter of bail only but the same pertained to the entire case---Complainants and legal representatives of deceased and one injured had undertaken to get the petitioners acquitted from the Trial Court when the stage arrived---Trial Court on account of resiling of legal representatives of the deceased from the compromise at trial stage was not justified to decline the acquittal of petitioners---Circumstances established that compromise effected between the parties at the bail stage ensured to the benefit of accused persons---Complainant, legal representatives of the deceased and injured person could not be allowed to resile from the said compromise---Offences allegedly committed by the petitioners were compoundable, thus petition was allowed and petitioners were acquitted on the basis of compromise. Syed Iftikhar Hussain Shah…

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