MIAN MUHAMMAD NAJAM- UZ-ZAMAN.-The petitioner is facing trial in case F.I.R. No,340/05 for the offence under sections 302/34 P.P.C registered at Police Station, Ghulam Muhammad. The application of the petitioner under section 345, Cr.P.C. Seeking acquittal from the charge on the basis of compromise was dismissed by the trial Court vide order dated 25-1-2006 and through this Criminal Revision the legality of the said order has been challenged on the grounds that Mst. Kaniz Mai. (deceased) had left only one legal heir i.e Farhan (son), whereas her husband Ghulam Abbas had already divorced her and now he i$ the legal guardian of the said minor son of the deceased.
Statedly, Ghulam Abbas had compromised with the petitioner on behalf of the said minor son of the deceased while forgiving him in the name of Almighty Allah and in the circumstances the learned trial Court has erroneously refused the application filed under section 345, Cr.P.C.
2. The bare perusal of the impugned order as well as data available on the record reveals that the petitioner who is the real brother of Mst. Keniz Mai (deceased) had committed her murder on the plea of Ghairat/family honour and under section 302 P.P.C by virtue of latest amendment the punishment fixed by the Statute is not less than ten years. The act committed by the petitioner is heipous in nature and in the circumstance in my view the learned trial Court has rightly refused the application under Section 345, Cr. P.C being not satisfied. Even otherwise, the learned counsel is not in a position to point out any illegality in the impugned orders warranting interference of this Court in its revisipnal jurisdiction. The instant Criminal Revision having no merits stands dismissed.
Revision .