NON-COMPOUNDABLE OFFENCES IF COMPROMISE

IN NON-COMPOUNDABLE OFFENCES IF COMPROMISE ARRIVED .....................PROCEEDING QUASHED
Lahore High Court
M. Bilal Khan, J
Neelofar Hayat VS Station House Officer And 3 Others
Writ Petition No.15452 of 2004
20th October, 2004
Reported As [2006 YLR 757]
JUDGMENT
M. BILAL KHAN, J. -The petitioner seeks quashing of F.I.R. No.318, dated 28-8-2004, registered at Police Station, Jauharabad, District Khushab for offences under sections 419/420/ 463/468/ 471 read with section 109, P.P.C.
2. The allegations in the F.I.R. Were that Syed Zubair Hussain and Shahid Hussain, co-accused of the petitioner, had shown a residential plot to the complainant with the connivance of Ijaz Hussain co-accused, who had shown himself as a Property Dealer, and had claimed that they were the owners thereof, as a result of which they had received an amount of Rs.3,50,000 from her. Later on, it transpired that the actual owner of the said plot was one Qadir Shah, who was also in possession of the same. It was stated that as such they had committed fraud and forgery and had executed a bogus sale-deed with a view to depriving the complainant of Rs.3,50,000. Insofar as the petitioner was concerned, the allegation against her was that she being wife of Syed Zubair Hussain had abetted the crime.
4. (sic) Although the offences charged with are not compoundable, yet, it has been observed that both the parties are highly educated and according to the complainant the incident had taken place on account of some misunderstanding. The complainant, who is personally present in Court, states that she has been duly compensated and her money has been returned to her. As such, continuation of the proceedings now after compromise having taken place, will only add to the miseries of the parties and will further embitter their relationship. The petitioner and her co-accused, namely, Syed Zubair Hussain and Shahid Hussain, who are present in the Court, in the connected bail petition bearing Criminal Miscellaneous No.6997-B of 2004, which is also incidentally fixed for today, have assured the complainant that the matter has come to an end and they will not resort to any sort of litigation either civil or criminal. Similarly, the complainant has also assured that insofar as she is concerned, the matter is all over and she will not further raise any dispute of any kind against the accused persons.
5. The learned State counsel also submitted that although the offences charged with are not compoundable, yet in view of the compromise, he would not seriously oppose the quashing of the F.I.R. He relied on the case of Ghulam A.I v. The State and another 1997 SCMR 1411.
6. Resultantly, this petition is allowed and F.I.R. No.318, dated 28-8-2004, registered at Police Station, Jauharabad, District Khushab for offences under sections 419/420/463/468/471 read with section 109, Y.P.C. Is hereby quashed. There will be no order as to cost