ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Revision Application No. S- 132 of 2021

 

Date of hearing

Order with signature of Judge

 

           

  1. For orders on office objection at Flag ‘A’.
  2. For hearing of main case.

 

 

14.01.2022.

 

Mr. Habib-ur-Rehman Shaikh, Advocate for applicant/accused.

Complainant Muhammad Sachal present in person.

Mr. Khalil Ahmed Maitlo, Additional P.G.

 

 

O R D E R

  

 

AMJAD ALI SAHITO, J.     Applicant/accused Muzaffar Ali son of Muhammad Bux Phulpoto has impugned the judgment dated 23.12.2021 passed by learned Additional Sessions Judge-II Khairpur whereby learned appellate Court maintained the judgment dated 25.06.2021passed by Judicial Magistrate-II (MTMC) Khairpur who has convicted the applicant Muzaffrar Ali and sentenced him to suffer S.I for  one and half year (18 months) for offence punishable under section 489-F PPC in crime No.03 of 2021 registered at Police Station ‘B’ Section Khairpur and also imposed fine of Rs. 10,000/-, in default to pay the fine amount, applicant/accused was directed to suffer S.I for one month more and the applicant/accused was given benefit of Section 382-B Cr.P.C as per above referred Judgment.

 

2.         During pendency of appeal, complainant Muhammad Sachal came forward and stated that he has patched up and settled his dispute with applicant/accused Muzaffar Ali Phulpoto outside the Court on the intervention of Nek mards of locality. The complainant Muhammad Sachal has filed his affidavit before this Court in which he has stated that he has received amount of Rs. 20,00,000/- outstanding against the applicant/accused Muzaffar Ali and there remains no outstanding to be paid by the applicant/accused and such agreement/Iqrarnama was reduced into writing between the parties as such on the basis of private settlement/compromise he recorded his no objection for acquittal of the applicant/accused as he has no grievance against the applicant/accused Muzaffar Ali Phulpoto.

 

3.         Learned D. P.G appearing on behalf of State contends that since complainant has pardoned the applicant/accused as such he does not oppose the acceptance of compromise.

 

4.         I have heard both the parties as well as learned Deputy Prosecutor General. In view of above circumstances, since the parties have struck off their differences and the compromise between the parties appears to be a step for keeping cordial relations and betterment of future. There would be nothing to remain further litigation after the compromise arrived at between them as they have amicably resolved their differences and after compromise between the parties, the ultimate maintaining the conviction would be bleak and continuation of proceedings would also put the accused to oppression and prejudice.

 

5.                     As a result of compromise, the impugned judgment dated 23.12.2021 passed by learned Additional Sessions Judge-II Khairpur in Criminal Appeal No. 18 of 2021 State v. Muzaffar Ali as well as judgment dated 25.06.2021 passed by Judicial Magistrate-II (MTMC) Khairpur in criminal case No.170 of 2021 State vs. Muzaffar Ali are set aside and instant Criminal Revision Application stands allowed  along with pending applications, if any.  Accordingly, applicant/accused Muaffar Ali Phulpoto is acquitted from the charge. Since the applicant/accused is in custody as such office is directed to issue release writ to the concerned Jail authority to release the applicant/accused Muaffar Ali forthwith if he is no more required in any other custody case.

 

 

                                                                                             

                                                                                                JUDGE

 

 

Irfan/PA