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Criminal Miscellaneous No. 170/Q of 1976, decided on 25th April 1976.
‑‑‑ S. 561‑A‑Quashment of proceedings‑Police case registered on petitioner's report, found false and got cancelled by Police but petitioner feeling aggrieved with decision and filing complaint in Court on same allegations‑Petitioner's prosecution under S. 182, P. P. C on charge of getting a false case registered, held, not warranted during pendency of petitioner's complaint‑Proceedings quashed, in circum stances‑Penal Code (XLV of 1860), S. 182.‑[Quashment of pro ceedings].
‑‑‑ S. 561‑A‑Quashment of proceedings‑Parties prosecuting criminal cases against each other but reacting understanding and making a joint request to Court to quash proceedings to enable parties to end unfortunate situation existing between them‑Further proceedings, held, would result in mock trial and quashed, in circumstances. [Quashment of proceedings].
Zafar Yasin for Appellant.
Mahfuzul Haq Khan for Respondents Nos. 1 to 3.
Z. H. Raja for A: G. for the State.
Date of hearing : 26th April 1976.
This order shall also dispose of Cr. Misc. No. 261‑Q/76, which is a connected matter.
2. The petitioner lodged a report dated 18th January, 1975 against respondents 1 to 3 and another, under section 342/392/506, P. P. C. alleging that he had been illegally confined, defamed and deprived of a wrist‑watch. The police, after registering the case, investigated the matter and came to, the conclusion that the allegations were not well founded. They, therefore, recommended the cancellation of the case. Proceedings under section 182, P. P. C. were also drawn up against the petitioner.
3. On 1st December, 1975 the petitioner lodged a private complaint can the same allegations before a competent Court. In the preliminary evidence adduced by him he examined Amjad Beg, who had earlier been examined by the police also, and 4 others. The learned Magistrate after considering the material brought before him, issued process on 18th December. 1975. The petitioner has now novel this application praying that the proceedings drawn up under section 182, P. P. C. may be quashed in view of the fact that the learned Magistrate has taken cognizance of the case with regard to the same occurrence.
4. Criminal Miscellaneous No. 261‑Q/76 has been filed by Muhammad Ikram Chughtai and another, who are the accused persons in the private complaint. It is contended on their behalf that as the learned Magistrate had already found the allegations to be false and discharged them, no further proceedings could be taken against them.
5. I have heard the parties and have gone through the record. The legal position, as it obtains in the first case, would leave no option to me but to hold that the proceedings under section 182, P. P. C., at a stage when the learned Magistrate has already taken cognizance of the case, arising a out of the same allegations, may be quashed. In case it is found at a later stage by the learned Magistrate that the allegations in the complaint were false, the petitioner could be proceeded against under section 211, P. P. C.; However, the situation as it is there the order of the learned Magistrate has to be given the weight it deserves and the proceedings started by the police cannot be place at a higher level. Therefore, the proceedings merit to be quashed.
6. This case, however, had been adjourned on the last date of bearing, at the request of the learned counsel for the parties, for the reason that as parties involved in the two cases are neighbours and respectable persons, they may be allowed an opportunity to reconsider the whole thing to come to a better understanding. When the two cases came up today, the learned counsel under instructions from the parties stated that it will be better and an the interest of justice that proceedings in both the cases be quashed so that it brings n end to the unfortunate situation that existed between the parties. My consideration of the facts also brings me to the conclusion that proceedings in both the cares should be quashed. This view is now supported by the statements being made by the learned counsel. Further proceedings, therefore, will result in mock trial and it is in the interest of justice that they be quashed.
In the circumstances the proceedings in both the cases are quashed.
Proceedings quashed,
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