Specified offences: 489-F, 506-B of PPC compoundable without court permission: LHC

LAHORE: The Lahore High Court held that all the specified offences under PPC such as Section 489-F and 506-B are compoundable without permission of the court at any stage during trial or pending appeal.

The court observed that the legislature in order to achieve its object, encapsulated in section 345(1) CrPC to compound the specified offences, without seeking permission of the court even after taking cognizance.

The court passed this order in a bail application of Muhammad Sajjad who issued a cheque worth of Rs 245000 to the complainant dishonestly for fulfillment of his financial obligation

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The court observed that since the offence is compoundable, therefore, keeping in view the compromise arrived at between the parties, instant petition is allowed and interim bail already granted to the petitioner is confirmed.

The court said the magistrate, in order to satisfy himself, regarding the genuineness of the compromise, arrived between the parties may summon the complainant to verify the factum of compromise before passing an appropriate order for cancellation of a case.

The court said the officer in-charge, after finding out the truth or otherwise of the matter, during his investigation, is duly authorized to recommend the case for its cancellation on the grounds, found to be maliciously false or false owing to mistake of law or fact or to be non-cognizable or matter for a civil suit.

The court said all the specified offences, except the offences under section 489-F and 506-B PPC, are bailable and even the police is well within its competence to release a person accused on bail in such offences.

The court observed that the role of the court in case of compounding of such offences, is thus confined to give effect to such compromise by way of recording an acquittal of charge of the accused, resulting into termination of the prosecution.

The court said the offences specified punishable under PPC, can only be compounded with the permission of the court before which any prosecution for such offences is pending.

The court said while dispensing with court permission for compounding of specific the offences prior to submission of a report under section 173 CrPC at the stage of pre-arrest or post-arrest bail, restrain the police itself from undertaking investigation into such cases except bringing on record the material relating to the compounding of the offence.

The police should prepare a cancellation report for placing it before a magistrate for passing an appropriate order, the court added.

The court said it would also save the public time and shall also lessen the burden of the already overburdened courts, the court added.

The court directed the office to transmit copy of this order to the registrar who shall circulate the same to all the Sessions Judges in the Punjab, Inspector General of Police, Punjab and Prosecutor General Punjab for guidance and information to the concerned quarters.

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