' SYED DEEDAR HUSSAIN SHAH, J.--- Petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 11-9-2001, passed in Criminal Appeal No, 122 of 1997.
2. The prosecution story, in brief, is that on the day of occurrence respondent/complainant was sowing wheat in his field with the help of tractor whereas Abdul Ghaffar and Muhammad Iqbal, his cousins, were watering their adjacent land. At about 11-30 a.m. Muhammad Iqbal armed with .12 bore gun emerged there along with Muhammad Farooq armed with 7 mm rifle and they raised Lalkara to the complainant that they will teach him a lesson. Petitioner Muhammad Iqbal fired shot with his rifle, which hit Haq Nawaz on the wrist of his left hand, second shot hit him on the left side of his ribs i,e, left flank and third shot was missed. Respondent received injuries during the said occurrence. A case was registered against the petitioner and co-accused Muhammad Farooq. The motive for the occurrence was with regard to the passing of tractor by the respondent from the land of petitioner Muhammad Iqbal, which was forbidden by him due to which an altercation took place and the injured abused the petitioner and gave him slap. Due to this the accused injured the respondent by firing.
3. A case was registered against the petitioner and co-accused. After investigation challan was submitted in the Court. The Senior Civil Judge/Magistrate Section 30, Mianwali, vide judgment, dated 11-1-1995 convicted petitioner Muhammad Iqbal under section 337-F(v), P.P.C. And sentenced him to 4 years' R.I. With a fine of Rs,5,000 and in default of payment of fine he was directed to further undergo 3 months' R.I. Muhammad Farooq co-accused was also convicted and sentenced under section 324, P.P.C. For two years' R.I. And fine of Rs,1,000 or in default whereof to undergo one month's S.I. On appeal, the learned Additional Sessions Judge, Mianwali, acquitted the petitioner and co-accused vide judgment, dated 22-2-1997. Feeling aggrieved, complainant Haq Nawaz filed appeal, which was dismissed to the extent of co-accused Muhammad Farooq; whereas the conviction and sentence awarded to the petitioner by the trial Court was maintained vide impugned judgment, dated 11-9-2001. Hence, this petition.
4. During pendency of the instant petition, a criminal miscellaneous application/compromise was filed by injured Haq Nawaz, who is also present in the Court today. The said application was forwarded to the District and Sessions Judge, Mianwali, for inquiry and report as to whether the compromise effected between the parties is genuine and is not the result of coercion and undue pressure. The learned District and Sessions Judge through letter No,8, dated 8-1-2004 submitted his report wherein it is stated that the compromise so effected between the parties is genuine one, without any coercion, threat or pressure and is with their free consent and the District Judge was fully satisfied about its genuineness. The District and Sessions Judge, Mianwali also forwarded the statement of the complainant/injured Haq Nawaz recorded by him. Thereafter, vide order, dated 30-1-2004 notice was issued to the A.A.-G., Punjab.
5. Ch. Muhammad Akram, learned, Advocate-on-Record for the petitioner submitted that injured Haq Nawaz has settled the matter with the petitioner out of the Court as stated hereinabove and the report of the learned Sessions Judge is self-explanatory.
6. We have also enquired from injured Haq Nawaz, who stated that he has entered into a compromise with the petitioner without any pressure, compulsion or threat, and he has no objection if the compromise is allowed.
7. We have considered the submissions made by the learned counsel for the parties and have also taken note of the statement of the injured in the case. Since the parties have settled their matter willingly through a compromise and there is no legal impediment in allowing the same and learned counsel for the State has also no objection if the compromise is allowed.
8. Accordingly, the criminal miscellaneous application is allowed. Resultantly, criminal petition is converted into appeal and allowed. The appellant be released from jail forthwith if he is not required in any other case.
Compromise accepted.