This is a revision petition filed by the petitioners assailing their conviction recorded under section 323, P.P.C. The petitioners vide judgment, dated 17th of June, 1986, passed by a learned Magistrate, were sentenced each to undergo rigorous imprisonment for a term of six months. The appeal taken against the aforesaid conviction was also dismissed by the learned Additional Sessions Judge, Faisalabad vide order, dated 3rd of August, 1986 and it was directed that the petitioners be taken into custody.
2. Vide order, dated 9th of September, 1986 this Court suspended the sentence of the petitioners.
Thereafter, when this petition was laid for hearing, the learned counsel for the petitioners absented himself and thus, the petitioners were summoned, although, the learned counsel for the complainant and the State continued to enter appearance. Ultimately, through coercive process, the petitioners appeared in this Court and engaged Mr. Muhammad Jehangir Wahlah, Advocate, to argue their case. Today, the learned counsel for the petitioners is absent and the counsel for the complainant and the State Mr. Zafar Yaseen, Advocate, are present.
3. It is now stated at the bar by the learned counsel for the complainant as well as the complainant, who is present in person, that the parties arc closely related to each other and they have compromised with each other and thus, it will be against the interest of justice to send the petitioners behind the bars to undergo the remaining portion of their sentence.
4. I have considered this aspect of the case and I have also gone through the impugned judgments. As far as the merits of the case arc concerned, the conviction was rightly recorded because the prosecution succeeded to establish the guilt of the petitioners and, therefore, this petition has no merits.
5. However, keeping in view the-compromise entered into between the parties and for harmony m their relations, I am inclined not to send back the petitioners to jail to undergo the remaining portion of their sentence. The calculations made by the learned counsel and this Court reveal that the petitioners have already suffered a month and six days. In this view of the matter, the sentence already undergone by the petitioners would meet the ends of justice. Accordingly, with this modification this petition is dismissed.
N.H.Q./S-437/L