Law: Penal Code (XLV of 1860)

Section: 302,311,338-C,299(ee)

Law: Criminal Procedure Code (V of 1898)

Section: 439

Penal Code (XLV of 1860)--- ----Ss. 302, 311, 338-C 299(ee) [as amended under Criminal Law (Amendment) (Offences in the name or pretext of Honour) Act (XLIII of 2016)]---Criminal Procedure Code (V of 1898), S. 439---Qatl-i-amd, Isqat-i-Janin and Fasad-fil-Arz---Compounding of offence---Accused murdered his real mother in the name of honour---Before initiation of trial accused sought his acquittal on the basis of compromise---Trial Court declined to compound the offence---Validity---Fasad-fil-Arz was a serious form of crime, which was defined under S. 299(ee), P.P.C., which included offences committed in the name or on the pretext of honour---Object to amend Penal Code, 1860, and Criminal Procedure Code, 1898, through Criminal Law (Amendment) (Offences in the name or pretext of honour) Act, 2016, was to deter and prevent offences in the name or pretext of honour---Convict in honour killing cases was to face life imprisonment even if legal heirs of victim arrived at compromise with the convict and had pardoned him---High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Trial Court as there was no illegality or irregularity in refusing compounding of offence---Revision was dismissed, in circumstances. JUDGMENT MUSARRAT HILALI, JUSTICE:---.---This criminal revision has been directed against the order dated 18.11.2021 passed by the learned trial court/Judge, Juvenile Court, Swabi, whereby the prayer of the present petitioner Hameed Khan for his acquittal in a criminal case registered against him vide FIR No. 365, dated 26.06.2021, under sections 302/ 311/338-C, P.P.C. read with 15 AA of Police Station, Zaida, District Swabi, on the basis of compromise with the legal heirs of the deceased, was rejected. 2. Concise facts of the case, as reflected from the record, are that on 26.06.2021 Mst. Naseehat wife of Zubair was brought by the local police from Dar ul Aman Mardan to the Court of learned Magistrate, Swabi, where her prayer of post arrest was allowed. She was seated in the verandah of the Court under the escort of a lady constable when at 13.30 hours; she was fired at by a youngster, who during chase was overpowered along…

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