ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No. 59 of 2023

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Date                      Order with signature of Judge

For hearing of Main Case.

01.12.2023

Mr. Sajid Hussain Mahessar, Advocate along with Appellant (on bail).

Mr. Ali Anwar Kandhro, Addl. Prosecutor General, Sindh.

Mr. Mujahid Ali Jatoi, Advocate along with respondent No.1/complainant Khalid Khan Jakhrani.

O R D E R

Muhammad Saleem Jessar, J:- Through instant Criminal Appeal, appellant has assailed the judgment dated 12.06.2023 passed by learned Sessions Judge, Jacobabad, in Sessions Case No.273/2021 (I.D. Complaint No.29 of 2021 (Re: Khalid Khan Jakhrani  v. Chakar Junejo & others) whereby appellant Chakar Junejo has been convicted under Section 3(2) of Illegal Dispossession Act, 2005 and sentenced to undergo imprisonment for five years and to pay fine of Rs.50,000/- as compensation to the complainant in terms of Section 544-A, Cr.P.C, in default of which, same shall be recovered from appellant as arrears of land revenue and the appellant shall also undergo S.I. for a period not exceeding six months. He was further directed to handover possession of the dispute land to the complainant within one month and in case of failure to do so, Mukhtiarkar Taluka Jacobabad and SHO PS Saddar Jacobabad were directed to take possession of the disputed land and deliver the same to the complainant.

2.       During pendency of instant appeal, both parties have compromised the matter outside the Court and in this regard they have filed applications under Sections 345(5) & 345(6) of Cr.P.C alongwith respective Affidavits before the Court; taken on record. Accordingly, office shall assign numbers to these applications as per institution register. However, the contents of such Affidavits are affirmed by them. Complainant/respondent No.1 Khalid Khan present in person, submits that possession of property in dispute has been handed over to him; therefore, he (the complainant) with the core of his heart has forgiven the appellant; hence, they have filed compromise applications jointly and he does not want to prosecute the appellant anymore. Complainant; however, records no objection if these applications are allowed and appellant is acquitted of the charge.

3.       Mukhytiarkar(Revenue), Taluka Jacobabad/respondent No.2 has filed compliance report, which also indicates that the possession of the land in dispute has been handed over to the complainant/ respondent No.1 under proper mashirnama; taken on record.

4.       The appellant, who is present in person (on bail), also submits that he has already put the complainant under peaceful and vacant possession of the land in dispute and further he will not take law in his hands and will maintain harmony, peace and tranquility in the area. Hence, he submits that by granting compromise applications the appeal may be disposed of and he may be acquitted of the charges.

5.       Learned Addl. P.G Sindh present in Court waives notice of these applications and while placing his reliance upon the case of AKHTER HUSSAIN v. STATION HOUSE OFFICER SACHAL KARAHI and 02 others reported in 2020 P.Cr.LJ Note 20, records his no objection, if applications are granted. 

6.       Since the possession of land in dispute has been handed over to complainant; therefore, the complainant does not want to prosecute the appellant anymore; hence, he has entered into compromise with the appellant voluntarily and has raised no objection for grant of these applications as well disposal of the appeal accordingly. Learned Addl. P.G has also extended his no objection.   

7.       In view of above, it is observed that compromise entered into between the parties appears to be genuine, lawful and without any pressure or coercion from any side and that complainant has voluntarily forgiven the appellant / accused. Therefore, keeping in view the cordial relations between the parties in future, the compromise application under Section 345(5) Cr.P.C is hereby granted and application under Section 345(6) Cr.P.C is accepted. The appellant is acquitted of the charges by way of compromise. He is present on bail; his bail bond stands cancelled and surety is hereby discharged.

8.       Appeal stands disposed of in above terms. 

                                                                           JUDGE