| Citation(s) |
|---|
| 1992 SLG 650 1992 SLD 650 1992 SCMR 1218 |
Supreme Court of Pakistan
Criminal Petition No.40 of 1991, decision dated: 23rd February, 1992 (On appeal from the judgment dated 28-5-1991 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Crl. Appeal No.90 of 1989)
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J
M. Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for the Complainant.
Criminal Petition No.40 of 1991, decision dated: 23rd February, 1992 (On appeal from the judgment dated 28-5-1991 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Crl. Appeal No.90 of 1989)
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J
M. Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for the Complainant.
ABDUL GHAFOOR and 3 others
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--S. 302---Criminal Procedure Code (V of 1898), S. 345---Compromise--Applications for compromise and the filling of the pro forma prescribed by Supreme Court must be taken more seriously by the parties and members of the Bar---No compromise can be accepted being acted upon without satisfaction of the Court for which three stages have been prescribed by the Supreme Court---Such three stages and note of caution and warning for compromise stated. Supreme Court observed that:-- It needs to be mentioned that the applications for compromise and the filling of the pro forma prescribed by Supreme Court should be taken more seriously by the parties and the Members of the Bar than what has been experienced so far. One after the other Supreme Court has encountered most casual attention being paid to the requirements contained in the pro forma. Obviously without satisfaction of the Court for which three stages have been prescribed no compromise can be accepted for it being acted upon:-- "(1) Careful scrutiny by the office, as a first stage. It shall in such a case refuse to entertain any application for compromise in which the pro forma is not meticulously and carefully studied and filled in with reference to the peculiar circumstances of each case. (2) The second stage is the processing in chamber by one of the Judges of the Court. This facility has been provided so as to save the time of the parties and the Court and if there are any shortcomings the same may be removed in chamber hearing. It has also been laid down that the parties shall have to satisfy the Judge in chamber with regard to the correctness of each entry in the pro forma with reference to the facts and circumstances of the case and the law applicable thereto including the latest precedent law. And in token thereof the Judge would certify correctness of each column separately. The office has been directed not to put up a case in the Court for disposal on the basis of compromise unless the above conditions are satisfied. (3) Lastly in the Court only that compromise will be accepted and acted upon regarding which there is no doubt or dispute left any more. If it is a matter of…
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