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Sindh High Court Approves out of Court Settlement and Acquits the accused as a result of Alternative Dispute Resolution (ADR)

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Sindh High Court Approves out of Court Settlement and Acquits the accused as a result of Alternative Dispute Resolution (ADR)

Islamabad 25-05-2024: The Bench of Honourable Sindh High Court, Karachi presided over by Mr. Justice Muhammad Saleem Jessar decided the case [Criminal Appeal No. 492 of 2022 and Criminal Acquittal Appeal No. 587 of 2022] and allowed the joint application for settlement while also set aside accused conviction and grant him acquittal. This is a significant step towards the acceptance of Alternative Dispute Resolution (ADR) in criminal cases. According to the facts of the case, the appellant Sohail Majeed Ayat presented two Pay Orders totaling Rs.15,000,000/- in favor of the legal heirs of deceased complainant Shoaib Yasin and Lubna Asif in compliance with previous court directions and undertakings. The Pay Orders were handed over in court, with the legal heirs agreeing to withdraw from Civil Suit No. 1322 of 2018.

Builders Farhan Yousuf and Fahad Amin, plaintiffs in Civil Suit No. 553 of 2019, also presented 18 Pay Orders amounting to Rs.17,000,000/- to the legal heirs of Shamim Yasin. They committed to depositing these Pay Orders with the Nazir of the Court, stipulating that the legal heirs will receive the amount upon handing over the remaining property within three months.

Farhan Yousuf, representing himself and Fahad Amin, agreed to withdraw from Civil Suit No. 553 of 2019. He confirmed that the major portion of the disputed property is in their possession and requested the court to direct the legal heirs to hand over the remaining property peacefully within three months.

Counsel for the appellant argued that Section 498-A PPC, added in 2011, was incorrectly applied to the case as the alleged offense occurred in 2007, predating the law. The counsel urged the court to consider the settlement and acquit Sohail Majeed Ayat.

Supporting this, the complainant Asif Ibrahim, husband of legal heir Lubna Asif, confirmed the settlement and raised no objections to the appellant’s acquittal. The Deputy Prosecutor General also did not object to the appeal, acknowledging the settlement and the non-retrospective nature of Section 498-A PPC.

The Court allowed the joint application for settlement, directing the Nazir to release the deposited Rs.17,000,000/- to the legal heirs upon confirmation of property handover. Consequently, Civil Suits No. 1322 of 2018, 553 of 2019, 394 of 2020, and 419 of 2020 will be withdrawn within two weeks. The impugned judgment from 06-08-2022, convicting Sohail Majeed Ayat under multiple sections of the PPC, was set aside. Sohail Majeed Ayat was acquitted, with his bail bond canceled and surety discharged.