KAUSAR SULTANA HUSSAIN, J.---By means of this appeal, the appellant has impugned the judgment dated 13.08.2020, penned down by learned 1st Additional Sessions Judge/Model Criminal Trial Court Shaheed Benazirabad in Sessions Case No.17 of 2020 (Re: The State v. lmamuddin) arising out of Crime No.48 of 2019 registered at Police Station Balu-Ja-Quba for offences under sections 302, 324, 449, 148, 149, 337-H(ii) and 337-F(iii), P.P.C., whereby, he has been convicted and sentenced as mentioned under point No.3 of the impugned judgment.
2. The appeal was admitted for regular hearing but during pendency of the appeal, the parties have compromised the matter out of Court on intervention of Nekmards of locality, therefore, they filed applications under sections 345(2) and 345(6), Cr.P.C., seeking compounding of the offence and in result whereof release of the appellant. The said applications were sent to Trial Court for conducting an inquiry in respect of the legal heirs of deceased, recording of their statements and to ascertain genuineness of compromise. Learned Trial Court has submitted its, report dated 04.03.2021 along with statements of complainant as well as all legal heirs, of deceased, which also includes one injured legal heir Imam, which are available on record. A perusal, of statements of legal heirs of deceased reflects that they have entered into compromise with appellant without any force and coercion and have given up their right of compensation, Qisas, Diyat, Arsh and Daman and they have no objection if the appellant is acquitted. Today viz: 29.03.2021 all the legal heirs as well as complainant are present before this Court and reiterated the factum of compromise with the appellant. They further supported their statements recorded by Trial Court during course of inquiry and submitted that they have no objection, if the appellant is released as a result of compromise.
3. Learned counsel for the appellant submits that all the legal heirs, which also includes one injured (Imran) and complainant have pardoned the appellant/accused in the name of Almighty Allah and have given up their right of compensation, Qisas, Diyat, Arsh and Daman and they have no objection if the appellant is acquitted. So, for as minor legal heir Mst. Aasiya is concerned, learned counsel for appellant submits that he is ready to deposit her share in Diyat amount before this Court. Learned counsel for the appellant further submits that though certain offences in the matter are compoundable and certain offence are not compoundable; however, it is well settled law that if the main offence is compoundable and, in order to live in peace and harmony, parties have compromised against such offence, then rest of the offences are to be treated as compromised though under statute same are not compoundable. He prayed that compromise application may be accepted and in result thereof appellant may be acquitted of the charge. In support of his contention, he has relied upon 2007 M LD 1269 (Karachi) and PLD 2008 (Karachi) 420.
4. Report has been furnished by the Accountant of this Court with regard to share of minor legal heir in Diyat amount. According to report, in pursuance of subsection (2) of Section 323 of P.P.C., the Federal Government has declared Rs.27,77,353/- (Rupees Twenty-Seven Lacs, Seventy-Seven Thousand, Three Hundred and Fifty-Three Only) for (30,630) grams of silver as Diyat for the Financial Year 2020-21. The share of minor in Diyat amount has been calculated, which comes to Rs.607,546/-.
5. Learned A.P.G. after going through the compromise application, inquiry report submitted by learned Trial Court along with statements and the report furnished by Accountant of this Court with regard to share of minor in Diyat amount, submits that entire exercise carried by Trial Court is in accordance with law, hence she has no objection if the compromise is accepted.
6. In view of above, the compromise between the parties appears to be genuine and not the result of any coercion. Though certain offences in the matter are not compoundable; however, it is well settled law that if the main offence is compoundable and parties have compromised against such offence, then rest of the offences are to be treated as compromised though" under statute same are not compoundable. I am fortified in this A regard by the above case laws relied upon by appellant's Counsel. Further, the compromise is likely to promote harmony between the parties and peace in the society, hence, there appears to be no impediment legal or otherwise in accepting the compromise between the parties. Accordingly, the application under Section 345(2) is accepted and parties are allowed to compound the offence. Consequently, the application under Section 345(6), Cr.P.C. is also allowed and the appellant is acquitted of the charge. Resultantly, the conviction and sentence awarded to the appellant by the Trial Court through impugned judgment is set-aside. The appellant is in jail; he shall be released forthwith if not required in any other case; however, subject to deposit of share of minor in Diyat amount with Additional Registrar of this Court, who shall invest it in a Government Profitable Scheme for paying the same to minor Aasiya daughter of deceased Ali Khan upon attaining the age of majority.
The instant appeal stands disposed of accordingly.