Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 310, 323 & 331--- Criminal Procedure Code (V of 1898), S.561-A---Compounding of offence---Quashment of order of the Trial Court---Payment of Diyat to minor legal heirs of the deceased---Mode of payment determined by the Trial Court without making any decision on the compromise; without stating the Diyat amount, and without specifying the shares of the minor legal heirs---Effect---Application of accused persons (petitioners) seeking payment of Diyat in favour of minor legal heirs of the deceased in form of landed property was rejected by the Trial Court with a direction to deposit the Diyat amount in the bank---Validity---Trial Court had to make a specific order by either accepting or rejecting the compromise submitted by the parties and then the Diyat amount was to be fixed and mode of its payment determined---Said procedure had not been adopted in the present case---Trial Court seemed to be under some misconception whereby it assumed acquittal of the accused persons only on submission of the compromise---Court had to look into the merits of the case before making an order of acceptance or rejection of the compromise, thereby acquitting or convicting the accused---Trial Court failed to decide the present case in accordance with the law---Quashment petition was accepted and impugned orders were set aside and the Trial Court was directed to proceed strictly in accordance with the law. 2012 SCMR 437 and Chairman Agriculture Development Bank of Pakistan v. Mumtaz Khan PLD 2010 SC 695 ref. ORDER MRS. SYEDA TAHIRA SAFDAR, J.---It is a criminal quashment petition filed by the petitioners feeling aggrieved of order dated 28th March, 2012 of Additional Sessions Judge-VI, Quetta whereby the miscellaneous application submitted by the petitioners seeking transfer of movable property in favour of minor legal heirs of deceased in lieu of Diyat amount, was refused. It was contended that the trial court made the order in violation of section 310, Pakistan Penal Code (P.P.C.), thereby failed to understand the relevant provision of law. Further, the observations recorded by the trial Court about insecurity of landed property was also…

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