Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Anti-Terrorism Act (XXVII of 1997), S.7---Criminal Procedure Code (V of 1898), S.345---Constitution of Pakistan (1973), Art.185(3)---Compounding a non-compoundable offence on the basis of compromise---Trial Court while allowing the compromise to the extent of charge under S.302(b), P.P.C. acquitted the accused from the said charge, whereas his application to the extent of conviction and sentence on the charge under S. 7 of the Anti-Terrorism Act, 1997 was dismissed---Plea of accused that his conviction and sentence under S.7 of the Anti-Terrorism Act, 1997, was the outcome of the main charge under S.302(b), P.P.C. from which he had already been acquitted, he was also entitled to be acquitted from the charge under S.7 of the Anti-Terrorism Act, 1997, was not accepted by High Court and his constitutional petition was dismissed vide impugned order---Validity---Whatever be the nature and status of an offence but for the purpose of the compromise it would be seen as to whether the offence of the section of law for which the compromise was requested was compoundable under the law or not---Compoundable offences had been mentioned in S.345(1), Cr.P.C.---Offence under S.7 of the Anti-Terrorism Act, 1997, which was punishable with death, was not mentioned in S.345(1), Cr.P.C. in the category of compoundable offences---Both the Courts below, therefore, had rightly disallowed the compromise---Question of reduction of sentence of accused in view of the compromise arrived at between the parties was also considered---Present matter before Supreme Court was not in the regular proceedings---Convictions and sentences of accused under S.302/34, P.P.C. and S.7 of the Anti-Terrorism Act, 1997, had already been kept intact up to the level of Supreme Court---When once the findings had been given on merits by Supreme Court, then it would not be appropriate to enter the merits of the case against to consider the reduction of sentence in an offence which was not compoundable---Findings of the Courts below by not granting permission to compound the offence under S.7 of the Anti-Terrorism Act, 1997, were in accordance with law particularly…

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