ORDER SHEET
HIGH COURT OF SINDH, AT KARACHI
Cr. Revision Application No. 164 of 2013
Date |
Order with signature of the Judge |
1.For hearing of M.A.No.8099/2013
2.For hearing of M.A.No.8100/2013
21.01.2014.
Mr. Fida Muhammad Khan Khel, advocate alongwith applicant
Mr. Shahzado Saleem, APG.
Mr. Muhammad Zahoor Tanoli, advocate for complainant alongwith complainant
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Abdul Maalik Gaddi, J: Through this criminal revision application, the applicant has assailed the legality and propriety of the orders dated 31.5.2012 and 14.9.2013 passed by the learned 9th Judicial Magistrate Karachi West in Case No.2350/2012 and 3rd Additional Sessions Judge (West) Karachi passed in Criminal Appeal No. o4 of 2013 respectively. Both the impugned judgments are outcome of FIR No.234/2011 under Section 337-G PPC lodged at P.S. Mochko, Karachi.
Today, this criminal revision application is fixed for arguments but the parties advocates have pointed out that there are two applications being M.A.No.8099/2013 and M.A.No.8100/2013 under section 345 (2) Cr.P.C and 345(6) Cr.P.C are pending adjudication.
Parties present are present in Court and they have been heard on these applications.
Perusal of application under section 345 (2) Cr.P.C shows that through this application the parties have sought permission to compromise the matter as according to them the offence allegedly committed by the applicant was compoundable. Complainant Nasim Shah is present. Accused Nasir Ali is also present. Injured Hasnain Shah was also present on the last date of hearing. He also informed to the Court that he and his father compromised the matter with the applicant. Compromise application duly signed by the parties and their respective counsel. They are present. They have stated that the parties have arrived at compromise.
Learned APG is also present, who has stated that this application has been filed without any pressure or coercion from any side.
Under the circumstances, this application being M.A.No.8099/2013 under section 345(2) is allowed.
Since the application for compromise has been allowed, therefore, the application being M.A.No.8100/2013 under section 345(6) Cr.P.C for acceptance of compromise is also allowed as this application has also been filed by the parties. Parties are present. They have acknowledged their signatures on this application, therefore, under the circumstances, it appears that the parties have compromised the matter out-side the Court without any fear or pressure. Accordingly, this application is also allowed. Resultantly, the impugned orders are set-aside and the applicant is acquitted from the charges. He is on bail. His bail bond stands discharged.
This Criminal Revision Application stands disposed of in the above terms.
J U D G E