1. ' GHULAM DASTAGIR A. SHAHANI, J.---This Criminal Appeal has been directed against the judgment dated 15-3-2007 passed by the learned Sessions Judge, Karachi West in direct complaint No,4/2005, whereby, appellants were convicted under section 3(2) of Illegal Dispossession Act 2005 to suffer R.I for ten years each and to pay a fine of Rs,50,000 each. In case of default of fine, to suffer further R.I. For one year each.
2. 'Heard Mr. Ghulam Nabi Shaikh learned counsel for the appellants, Raja Basantani learned counsel for respondent and Mr. Sardaruddin Qureshi learned State counsel and with assistance perused the material available on record. However, at this stage, a statement/undertaking dated 21-10- 2008 has been filed duly signed by the complainant and the learned counsel as well as by the respondents Nos. 1 and 2 so also their learned counsel stating therein that complainant could not press conviction, if appellants undertake not to interfere/ dispossess the complainant from the subject plots in future. Appellants undertake that they will not interfere/dispossess complainant from subject property in future. Since accused are remorseful on their act and want to reform themselves and complainant do not oppose if they may be acquitted/or sentence be reduced and not pressing for conviction, then legal position is that sentence and conviction awarded to the appellants by the learned District and Sessions Judge, Karachi West in a Direct complaint No,4/2005 filed by the respondent No,1 against appellants and others under sections 3-4 of the Illegal Dispossession Act 2005 can be reduced by taking a lenient view as under section 345, Cr.P.C.
3. Compromise is being accepted and sentence reduced to already undergone. Reliance is placed to a case of Jan Muhammad v. The State 1988 MLD 2734 and Kamir and another v. The State (NLR 1988 Criminal 620) respectively.
4. ' Respondent/ complainant is no more interested in the punishment of appellants and compromise between the parties, even, in non-compoundable offence is a recognized ground for the reduction of sentence. Therefore, sentenced of R.I for ten years each is reduced to the period already undergone by the appellants and B fine of Rs,50,000 each is also remitted, which would meet the case. Appellants present on bail, their bail bonds stand discharged. Appeal is disposed of in the above terms. Compromise accepted and sentence reduced.
5. Compromise accepted.