Law:

Section:

(a) Criminal Procedure Code (V of 1898)- --- S. 345-Penal Code (XLV of 1860), S. 307/34-Non-compoundable offence-Compromise between parties for securing acquittal-Scope and application of S. 345, Cr. P. C. detailed. (b) Penal Code (XLV of 1860)- ---- S. 307/34-Offence under S. 307-Quantum of sentence to be awarded left to judicial discretion of Court within limits laid down in law and in facts and circumstances of each case-Awarding sentence on consideration of reapproachment/reconciliation and compromise between parties also within discretion of Court-Complainant and injured person pardoning accused and parties settling their dispute to secure peace-Such circumstances can be treated by appellate Court as mitigating for awarding lesser punishment - Court satisfied that compromise/reconciliation was equitable, fair and just-Sentence of accused reduced to one already undergone-Court in view of Qur'anic commands enjoining every Muslim to make peace between quarrelling parties of believers who are single brotherhood, and while pointing out in detail harmful effects of undesirable practice during criminal trials and for public tranquillity and public interest, emphasized desirability of introducing appropriate provisions in Criminal Procedure ' Code, 1898 for making it obligatory for Courts, at all levels, to make attempt to bring about compromise/reconciliation between fighting factions Court observed that compromise arrived at in Court would have tremendous advantage of arrangement being equitable and just which would be duty cast on Courts to ensure-Observance of such requirement would obviate chances of deceit and gaining undue advantage by hypocrites.-[Sentence]. Where the complainant and the injured person have pardoned the accused and the parties have settled their disputes to secure peace, the circumstance can be treated by the Court hearing the appeal as a mitigating circumstance for awarding lesser punishment. The Court, of course, is to be satisfied that the parties -in adopting the above course are motivated by the desire to abide by the command of Almighty Allah to secure peace by behaving like brethren-in-Islam and want to shun hostility and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492