[Section 345, Cr.P.C.]
Sentence in non-compoundable cases. Where the offence is not compoundable but the parties to avoid further bitterness and litigation compromise the matter. The Supreme Court reduced the sentence to already undergone. (SC) 1976 SCMR 193 Khursheed Ahmed.
Compromise and sentence. Compromise and pardon by the aggrieved party to the convict in case u/S. 302, PPC. offence though not compoundable death sentence reduced to life imprisonment by the High Court. (DB) PLJ 1979 Cr.C. (Lah.) 305. Pathana; 1979 P.Cr.LJ 354. Law has been changed now Sec. 302 PPC is now compoundable.
Compromise in murder case. Accused and deceased closely related. Heir of deceased compromise without compensation and forgave the accused. Supreme Court reduced death sentence to life imprisonment. 1982 PSC 624. Iftikhar Ahmed; NLR 1982 Cr. 295; PLJ 1982 SC 238. Muhammad Bashir PLD 1982 SC 139. 1982 PSC 724. Muzaffar Mustafa. (Benefit of Sec. 382-B, Cr.P.C also given in life sentence.)
Accused appellant forgiven for offences u/Ss. 302, 324/34 PPC and also absconding accused in the name of ALLAH by legal heirs of the deceased and swore affidavits to that effect supported by their statements in the Court. Appeal accepted. Appellant and absconding accused set at see PLJ 1997 Cr.C. (Lah.) 1122, Muhammad Iqbal etc.
Murder compromise and Federal Shariat Court. Federal Shariat Court holding that death penalty was very harsh and inconsistent with Shariat. Held, benefit of judgment not available to murders committed before pronouncement of judgment. (SC) NLR 1981 Cr. 153. Karam Khan.
Compromise in non-compoundable cases is patently against law. Acceptance of compensation does not cure illegality. Appeal ordered to be disposed of on merits. 1976 P.Cr. LJ 94 Ghulam Nabi.
Compromise in non-compoundable cases. Where the injured man in a non-compoundable case being on friendly terms desires a reduction of sentence ends of justice will be met by reducing the sentence under section 307, PPC. (DB) AIR 1944, Pat, 37 Sona Pant v. Emperor 44 Cr. LJ 336 (Now the offence is compoundable).
Compromise in non-compoundable cases. Appellants sentenced to 5 years R.I. u/Ss. 307, 365, 149, 148 PPC parties compromising and producing compromise deed in Court. Sentence reduced to already undergone, (about 23 months) NLR 1984 Cr. 553. Gul Anar etc.
Compromise in non-compoundable cases, compromise for offence u/S. 352, PPC accepted and sentence reduced to already undergone. NLR 1988 Cr. 614 Jan Muhammad etc. NLR 1988 Cr. 620 Kamir etc.
Acceptance of compensation by parents of deceased and pardoning of convict appellant can be treated as mitigating circumstance in light of Muslim Jurisprudence. Sentence of death reduced to life imprisonment and fine remitted as compensation had already been paid. (SC) NLR 1982 Cr. 190. Muhammad Bashir: 1982 PSC 297. (Law has been changed.)
Sections 324 and 148 , PPC. Case under section 324 and 148, PPC allowed to be compromised by the Magistrate and acquitted the accused. Held section 148 not compoundable. Retrial order under section 148, PPC (DB) PLD 1950 Lah. 86 Crown v. Muhammad Hussain.
Police opinion should not be sought by the Magistrate before allowing composition. 38 Cr. LJ 589 Partap Singh v. Emperor.
Case initiated under section 325, PPC., on police challan. Compromise deed not bearing signature of complainant. Magistrate's order acquitting accused based on such compromise held in violation of mandatory provisions of section 345, Cr.P.C case remanded for trial according to law. (DB) PLD 1965 Pesh. 265 State v. Muhammad Asif.
Proof of factum of composition. In an offence compoundable without the permission of the Court, one party alleged that the case had been compounded outside the Court and other resiled from compromise and denied it. In such a case it is competent for the Court to take evidence regarding the factum of compromise and if compromise is proved he should acquit the accused 39 Mad. 946 Muhammad Kani v. Pathani 41 Mad. 685 Kumarasami v. Kupusami.
High Court allowed compromise in revision where the Magistrate refused to allow compromise without sufficient reason. 23 Cr.LJ 85 Sewa Singh.
Composition of offence with some of the accused does not in law have the effect of an acquittal of the remaining accused, and therefore, the conviction of the remaining accused is not illegal. (FB) ILR 5 Lah. 239 Anatia v. Crown; (DB) ILR 1 Lah. 169.
Partial compromise. In case of partial compromise that judge must hear the appeal before he reduces the sentence. (DB) PLD 1956 Dac. 102 Sardar Ali. v. Samad Ali.
Forfeiture of bond. Composition under section 345 does not bar forfeiture of bond to keep peace. PLD 1956 Pesh. 65 Umar Daraz Khan.
Accused pleading guilty. Nevertheless the appellate Court can allow composition in compoundable cases though the accused cannot challenge his conviction in appeal. 1975 P.Cr. LJ 616, Khadim Hussain etc.
Non-compoundable offence compromised. Soon after murderous assault complainant compromising with the accused, a cousin. Sentence reduced to already undergone. 1977 P.Cr. LJ 154 Muhammad Sadiq.
Compromise allowed by Supreme Court for an offence under sections 324/34, 325/34, P.P.C PLJ 1980 SC 161 Abdul Haq. 1977 SCMR 51. Munir Ahmed.
Compromise in case u/S. 325, PPC made in Supreme Court accepted and the appellant acquitted. 1983 SCMR 408. Abdul Razaq.
Effect on sentence. The effect of composition on sentence: see sentence.
Compounding of murder case. When offence was committed before the Criminal Law (Second Amendment) Ordinance VII of 1990 came into force, offence committed in the case could be compounded on account of provisions of sections 338-E read with 338-H. PPC PLD 1991 202 Safdar Ali etc.
Payment of badal-i-sulah. On payment of the value of diyat, which is the value of 30,630 grams of silver, that is Rs. 1,71,000, the Supreme Court granted permission to compound the offence. (Sections 310 & 323, PPC ref). The entire amount of Rs. 1,71,000 was brought in the Court and paid to the heirs of the deceased. PLD 1991 SC 202 Safdar Ali etc. PLJ 1991 SC 256. PLD 1991 SC 202.
Badal-i-Sulah. Offence of qatl-i-amd committed by three offenders by murdering one individual. The number of accused would be of little consequence when the heirs of victim where satisfied with the amount of diyat, being paid to them. Sum of Rs. 1,71,000 was held to be fair badl-i-sulah for compounding the offence keeping in view the financial position of the convict and also of the heirs of the victim. PLD 1991 SC 202 Safdar Ali etc. PLJ 1991 SC 256.
In pending appeals where offence is compounded the appellant is to be acquitted u/S. 345 (2) & (5), Cr. P.C PLD 1991 Lah. 347. Muhammad Ashraf.
Promise by one heir of deceased, death sentence reduced to life imprisonment. PLJ 1991 Cr.C. (Lah.) 272 Manzoor Ahmed.
U/S. 845, Cr.P.C When appeal is pending the offences u/Ss. 302, 307, PPC can be compounded by leave of the Court and such composition shall have the effect of acquittal. When the judgment has attained finality the Courts cannot give effect to the compromise. Punishment by way of Tazir cannot be awarded by the Courts when the offence has been pardoned. (FB) PLD 1991 Lah. 347 Muhammad Ashraf.
Compromise by father of deceased u/s 345 (2) Cr.P.C. In the presence of father, brothers and sisters do not inherit from the deceased, as they are not the legal heirs. Therefore, compromise by father of the deceased is competent. PLJ 1995 Cr.C (Kar) 40, Bashir Ahmed.
Composition of offence u/s 302 PPC read with Sec. 311 PPC by Father of the deceased is competent when the deceased was childless. Brothers and sisters of the deceased are excluded by father. (D.B) PLJ 1996 Cr.C. (Q) 1662, Niaz Muhammad.
Compounding of murder case when accused sentenced to life imprisonment, question of the heirs of the victim compounded their right of qisas would not arise and such a case would fall u/S. 345 (2), Cr. P.C. as amended by Criminal Law (Amendment) Ordinance 1991. PLD 1991 SC 202. Safdar Ali etc. PLJ 1991 SC 256.
Compounding of offence and the right of minors can be guarded by the payment of the amount to the natural guardian; in this case the mother of the minors. PLD 1991 SC 202. Safdar Ali etc. PLJ 1991 SC 256.
Compounding u/S. 345 Cr.P.C. in the Supreme Court. No compromise can be accepted without satisfaction of the Court for which 3 stages have been prescribed. Application for compromise and filing of the proforma prescribed by the Supreme Court to be taken seriously. The office to entertain compromise application only when the proforma is properly filled. Secondly the parties must satisfy the Judge in chambers that each entry of the proforma is correct. Thirdly in the Court only that compromise shall be accepted wherein there is no doubt or dispute left. price of 30,630 grams of silver is to be mentioned in the proforma. 1992 SCMR 1218, Abdul Ghafoor and 3 others = PLJ 1992 S.C 215.
Unless all heirs of victim consent case against the accused cannot be compounded u/S. 345(2) column (3) Cr.P.C. and sec. 309 (2) PPC is not applicable. Compromise rejected. PLJ 1997 SC 1260, Sh. Muhammad Aslam v. Shaukat Ali etc.
Heirs of both the deceased who were majors stated in the Supreme Court that they had forgiven the accused petitioners. Appeal allowed. 1996 SCMR 525, Liaqat Ali.
Compromise by the heirs of the deceased in the Supreme Court u/s 345 Cr.P.C. after receiving Diyat amount. Compromise found to be genuine. Accused acquitted. The petition had submitted compromise proforma to the Supreme Court after conviction by the High Court alongwith necessary affidavits which were scrutinised through Chamber proceedings. Petitioners acquitted. 1996 SCMR 523, Khalid Zaman.
Compromise in murder cases. Any doubt regarding compromise by free will shall entail rejection of the compromise. Proforma prescribed by the Supreme Court for compromise to be filled carefully and filed with compromise application. PLJ 1992 S.C. 215, Abdul Ghafoor etc. = 1992 SCMR 1218
Supreme Court directed enquiry to be conducted by District Magistrate to ascertain terms of compromise its genuineness, voluntariness and also for reporting whether interest of minors had been properly ensured when all the heirs of the deceased were not present on the date hearing to confirm compromise. 1992 SCMR 694, Muhammad Azam.
When case is compounded u/s 345 Cr.P.C. for offence u/s 302 PPC the question of tazir u/s 311 PPC does not arise, the accused is to be acquitted. PLD 1992 Pesh. 176, Nazir Ali etc.
Pardon in the name of Allah, waiving the right of Qisas or Diyat in murder reference before the High Court, father and mother of deceased identified by lamberdar and ex-councillor. Deceased unmarried. Compromise allowed u/S. 345 Cr. P.C and appellant acquitted. 1994 P.Cr. LJ 980. Basharat.
Parties compounding the offence to which no objection raised by the prosecution. Petition converted into appeal, compounding of offence allowed and appellants acquitted. 1995 SCMR 342, Muhammad Iqbal v. The State.