SHAH KHAWAR,. J.---The petitioners have filed instant Criminal Revision No.537 of 2014 against the judgment dated 5-5-2014 passed by learned Additional Sessions Judge, Nankana Sahib whereby the appeal filed by present petitioners against the judgment dated 17-4-2014 passed by learned Judicial Magistrate Ist Class, Nankana Sahib was dismissed.
2. Muhammad Tariq, Riasat Ali and Mansab Ali alias Mansha (petitioners) were convicted and sentenced by the learned Judicial Magistrate Ist Class, Nankana Sahib vide judgment dated 17-4- 2014 in case FIR No.377 dated 7-10-2010 offences under sections 337-A(i), 337-A(ii), 337-F(i), 337- L(2); 452, 354, 148 and 149, P.P.C. Registered at Police Station Faizabad, District Nankana Sahib as under:- "(17) For the foregoing reasons and observations, accused Tariq son of Mansab Ali is convicted offence under section 337A(i), P.P.C. And keeping in view the spirit of section 337N2-P.P.C. He is sentenced to pay daman of Rs.15,000 to injured Shahnaz Bibi. Accused Tariq is also convicted under section 452, P.P.C., however as accused is previous non-convict and non-record holder and keeping in view the nature of injuries of the injured while taking lenient view he is sentenced for two years simple imprisonment and fine of Rs.2,000. In case of non-payment of fine he shall further undergo simple imprisonment for five days. Benefit of section 382-(B), Cr.P.C. Is also extended in favour of accused. Accused Mansab alias Mansha is also convicted offence under section 337A(i), P.P.C. And keeping in view the spirit of section 337N2-P.P.C., he is sentenced to pay daman of Rs.15,000 to injured Shameem Bibi. Accused Mansab alias Mansha is also convicted under section 452, P.P.C., however as accused is previous non convict and non-record holder and keeping in view the nature of injuries of the injured while taking lenient view he is sentenced for two years simple imprisonment and fine of Rs.2,000 and in case of non-payment of fine he shall further undergo simple imprisonment for five days. Benefit of section 382-B, Cr.P.C. Is also extended in favour of accused. Accused Riasat son of Mansab Ali is convicted offence under section 452, P.P.C., however as accused is previous non-convict and non-record holder, so by taking lenient view he is sentenced for two years simple imprisonment and fine of Rs.2,000 and in case of non-payment of fine he shall further undergo simple imprisonment for five days. Benefit of section 382-B, Cr.P.C. Is also extended in favour of accused.
(18) The amount of daman shall be paid in lump sum. Accused persons shall remain in jail till the payment of amount of Daman...."
3. The petitioners filed an appeal against their convictions and sentences before the learned Additional Sessions Judge, Nankana Sahib which was dismissed vide judgment dated 5-5-2014 hence, this criminal revision.
4. During the pendency of this revision petition, the petitioners filed Criminal Miscellaneous No.3206-M of 2014 for their acquittal on the basis of compromise. The complainant and both injured persons namely Mst. Naseem alias Shameem and Mst. Shahnaz Bibi appeared before this Court and submitted their affidavits Mark-A to Mark-C. They also got recorded their statements before the Court to the effect that they have forgiven the petitioners in the name of Almighty Allah and do not want to proceed further and also have no .Objection on their acquittal.
5. The learned Deputy Prosecutor General, after having gone through the affidavits and statements submits that the State has no objection on the acceptance of compromise to the extent of offences under section& 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 452, 354, 148 and 149, P.P.C' however, submits that the offence under section 452, P.P.C. Is non-compoundable.
6. Perusal of record reveals that the complainant and both injured persons namely Mst. Naseem alias Shameem and Mst. Shahnaz Bibi appeared before this Court and submitted their affidavits "Mark-A to Mark-C" and also got recorded their statements before the Court to the effect that they have forgiven the petitioners in the name of Almighty Allah and do not want to proceed further and also have no objection on their acquittal. It appears that the compromise has been arrived at between the parties for mutual harmony and this Court sees no reason not to accept the same as it appears, that the same is genuine and without any coercion, duress, pressure, compulsion, deception or threat coupled with the fact that it is according to the settled principles of the superior Courts of the country. Resultantly, this compromise is accepted and revision is allowed, the convictions and sentences awarded to the petitioners vide impugned judgment under sections 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 354, P.P.C. Are set aside and the petitioners are acquitted of the above said charges.
7. However, the petitioners have also been convicted under section 452, P.P.C. Which is non- compoundable. So far as this aspect of the matter is concerned, reference could be placed on the case reported in 2002 SCMR 1979 "Muhammad Hanif and another v. The State and another" whereby the Hon'ble Supreme Court of Pakistan converted that petition into appeal as regards conviction under section 379, P.P.C. Of the petitioners, the conviction was maintained but sentence was reduced to the period already undergone by the appellants.
8. In this case, the petitioners are behind the bars since a long period therefore, taking a lenient view while maintaining their conviction under section 452, P.P.C., their sentence is reduced to the period already undergone by them. The petitioners are behind the bars, they be released forthwith if not required to be detained in any other case.