Law: Illegal Dispossession Act, 2005

Section: XI,3,8

Law: Criminal Procedure Code (V of 1898)

Section: 345

Illegal Dispossession Act (XI of 2005)-------Ss. 3 & 8---Criminal Procedure Code (V of 1898), S. 345---Illegal dispossession---Restoration of possession---Appreciation of evidence--Compounding of offence---Scope---Accused was charged for dispossessing the complainant on show of force from his land and also made aerial firing---No doubt the legislature had not provided any specific section/provision in the Illegal Dispossession Act, 2005, for compounding the offences; however, S.9 of the Act, 2005, provides that unless otherwise provided in the Illegal Dispossession Act, 2005, the provisions contained under the scheme of Criminal Procedure Code, 1898, shall be applicable to all the proceedings under the Act ibid---Therefore, the compromise arrived at between the parties under the Act ibid should be treated as the compromise within the meaning of S.345, Cr.P.C.---It was an admitted fact that both the parties had amicably settled all their differences and had agreed to pass rest of their lives in peace, tranquility and harmony---Non-compoundability of a particular offence under any section of the enactment should not be read in isolation but it should be read in the background of each criminal case and beneficial interpretation should be given to it---When both parties had earnestly decided to live in peace and tranquility by ignoring and settling all their past differences, then for the sake of their welfare in general and betterment of socio-economic conditions of society as a whole, it would be prime need of the time to accept the compromise and consequently acquit the appellant from the charges---Parties had filed joint applications for compromise, besides the possession of the subject property, had also been handed over to the complainant, therefore, in order to maintain peace and tranquility between the parties, propriety of law demanded to entertain the compromise application---Appeal was allowed, in circumstances.Akhter Hussain v. SHO Sachal Karachi and 2 others 2020 PCr.LJ Note 20 ref.Ijaz and another v. Mst. Manadia PLD 2016 Pesh. 26; The State v. Irfanullah Qazi 2007 MLD 1269; Abdul Wali (Wali Khan) and 3 others v. Abdul Rashid Arif and 2 others…

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