Once compromise between parties, in compoundable offence had been effected, the same could not be withdrawn

Once compromise between parties, in compoundable offence had been effected, the same could not be withdrawn---Violation of terms and conditions of compromise was not a valid ground for re-opening the disposed of criminal proceedings
S.489 -F---Criminal Procedure Code (V of 1898), Ss.249-A, 345 & 417(2-A)---Dishonestly issuing a cheque---Appeal against acquittal---Compounding of offence---Re-opening of case---Criminal case was closed on the basis of compromise between parties and accused was acquitted by Trial Court in exercise of powers under S.249-A, Cr.P.C.---Complainant sought reopening of criminal case on the plea that accused had violated terms and conditions of compromise---Validity---Once compromise between parties, in compoundable offence had been effected, the same could not be withdrawn---Violation of terms and conditions of compromise was not a valid ground for re-opening the disposed of criminal proceedings---If any party had resiled from terms and conditions, aggrieved party was at liberty to seek remedy provided under law through competent court for enforcement and specific performance of terms and conditions of the compromise---Trial Court was justified in acquitting accused and such order was neither perverse nor suffering from any infirmity or illegality and did not require interference of High Court---Appeal was dismissed in circumstances.

2015 MLD 196 KARACHI-HIGH-COURT-SINDH
Side Appellant : NOMAN HAFEEZ SHEIKH
Side Opponent : NAJEEB ASHRAF