Through this quashment petition orders dated 6.6.2009 and 24.6.2009, respectively, passed by Judicial Magistrate and Sessions Judge Kharan have been assailed. The said orders rejected the compromise arrived at between the accused and the complainant during the pendency of the trial.
2. It is contended by the learned counsel for the petitioners that the complainant had compromised the matter with the accused (the petitioners herein) and had forgiven them and the compromise was submitted for consideration of the trial Court i,e, Judicial Magistrate Kharan, but the same was dismissed on the ground that Section 392 PPC is not compoundable. Revision against the said order was preferred before Sessions Judge Kharan, who upheld the order of Judicial Magistrate, resultantly the petitioners have filed the instant quashment petition.
3. Relevant facts for determination of this petition are that FIR was lodged and the petitioners were charged U/S 392 PPC and 337-F. Section 337-F is compoundable U/S 345, whereas Section 392 PPC is not compoundable. Section 392 PPC is the more serious of the two offences and prescribes a maximum punishment of 10 years. In the determination of this matter M/s Muhammad Aslam Chishti, Advocate, S.A.M. Quadri, Advocate and Mir Aurangzaib, Advocate, were called upon to assist the Court. The learned Amicus are of the unanimous view that Section 392 PPC is not compoundable. In this regard Mr. Muhammad Aslam Chishti, learned Amicus, placed reliance upon the following judgments of the Hon'ble Supreme Court, which have held, that, save the offences listed in Section 345 Cr.P.C. no offence shall be compounded.
1. Muhammad Rawab Vs. The State. 2004 SCM R 1170.
2. Ghulam Farid Vs. The State. PLD 2006 SC 53.
3. Muhammad Akhtar Vs. The State. PLD 2007 SC 447.
4. The learned Amicus were also of the unanimous view that both the subordinate Courts wrongly rejected the compromise to the extent of Section 337-F PPC, which is compoundable.
5. Section 337-F is compoundable "with the permission of the Court before which any prosecution for such offence is pending" as stipulated in Section 345(2) PPC. However, neither the trial Court nor the appellate Court attended to this matter. Accordingly, to such extent the impugned judgments are improper and irregular and this Court is constrained to exercise powers under Section 439 PPC to consider the compromise effected between the parties to the extent of Section 337-F. The victim has forgiven the accused. On the last date of hearing the accused were ordered to be produced and they are present in Court and are repentant and seek forgiveness in the name of Al-Mighty Allah.
6. In Islam there are two kinds of forgiveness Allah's forgiveness and human forgiveness. Allah is The Most Forgiving. Many of the names of Allah given in the Holy Quran relate to His mercy and His forgiveness and are often repeated. Such repetition is an indication of the merciful nature of our Lord. The Name "Al-Ghaffar"' occurs more than 70 times and may be translated to mean "The Most Forgiving". "Al-Tawwab", "The Accepter of Repentance, finds mention 11 times. "Al-Haleem" the clement finds mention 15 times in the Holy Quran. "Al-Rahmar.", The Most Merciful, is mentioned 57 and "Al-Raheem", The Compassionate, is mentioned 115 times. "Al-Maw", The Releaser (of sins), occurs 5 times in the Holy Quran. Those who seek forgiveness from Allah are assured that they will find Allah "Oft-Forgiving, Most Merciful" (Al-Nisa 4:106 and 110). "Verily, He is the One Who forgives, (and is) The Most Merciful" (Al-Baqarah 2:37).
7. Just as human beings require Allah's forgiveness of their sins Our Creator informs us of the merits of practicing forgiveness towards those who wrong us. "Whosever shows patience and forgives, that would truly, be from the things recommended by Allah" (Ash-Shura 42:43). The persons who forgive are assured of a reward from Allah (Ash-Shura 42:37 and 40) and Allah loves them (Al- Imran 3:134).
8. It is said that forgiveness is one of the best gifts one can give oneself. Islam mandates justice and punishment of wrong doers, but it strongly emphasizes forgiveness, kindness and love to restore good relations between the people.
9. Accordingly, this Court accepts the compromise effected between the parties to the extent of the offence of Section 337-F PPC and acquits the petitioners of the charge U/S 337-F PPC pursuant to Section 345 PPC.
10.As regard Section '392 PPC the learned counsel for the petitioners states that the petitioners will be submitting an application for withdrawal of the case to the respondent for favourable consideration. If such an application is submitted, the respondent is expected to consider it promptly.