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Criminal Miscellaneous No. 498/Q of 1975, decided on 29th June 1976.

--- S. 561-A-Quashment of proceedings-Complaint filed against petitioner disclosing prima facie fraudulent dealing in obtaining money from complainant on a false pretext-Contention that complaint was an outcome of dispute between petitioner and his ex-wife and since they have entered into a compromise, proceedings on complaint may be quashed-Nothing on record to substantiate such conten tions or that fact having any relevance to complaint filed by respondent, a stranger to their alleged dispute-Quashment refused, in circumstances.

G. N. Gohar for Petitioner.

Irshad Ahmad Qureshi for Respondent.

Date of hearing r 29th June 1976.

This is an application under section 561-A, Cr. P. C. for quashment of proceedings pending against the petitioner under sections 406/420, P. P. C. in the Court of the learned Magistrate 1st Class, Kasur.

2. Facts leading to this application are that the respondent filed a complaint against the petitioner on the allegation that the latter came to him and asked for a sum of Rs. 2,001 for the complainant's friend. The com plainant paid the aforesaid amount. The petitioner executed a receipt in this behalf. Subsequently, it transpired that the complainant's friend did not ask for the said amount. In these circumstances, a complaint was filed. After recording preliminary evidence, the learned Magistrate summoned the petitioner under section 406/420, P. P. C.

3. Learned counsel for the petitioner has contended that this complaint is an outcome of a dispute between the petitioner and his ex-wife, the latter being resident of the same place where the complainant resides. It is, next, contended that there has come about a compromise between the petitioner and his ex-wife and the various suits filed by the ex-wife have been withdrawn. Lastly, it is contended that the matter is one of civil liability and tine criminal proceedings are not called for.

4; Learned counsel for the respondent has submitted that he has no instructions as to whether there has been a compromise between the petitioner and his ex-wife and as to whether that fact has any relevance as regards the complaint filed by the respondent. It is, next contended that on the basis of the evidence on the record, no case is made out for quashment of the proceedings at this stage.

5. After hearing the learned counsel for the parties and the absence of any evidence on the record it cannot be said at this stage that the com plaint filed by the respondent is an outcome of the dispute between the petitioner and his ex-wife with whom he had entered into a compromise by which the petitioner has divorced the lady and the lady had withdrawn the suits against the petitioner. If the submission of the learned counsel for the petitioner is correct that the present complaint is in consequent of the earlier family dispute, it would still be open to the parties to see that the respondent withdraws his complaint. In the absence of any material on the record effect to the contention of the learned counsel for the petitioner cannot be given by this Court at this stage. The order of the learned Magistrate, summoning the petitioner cannot prima facie be said to be without legal authority. In this view of the matter no case is made out for quashment of the proceedings and this petition is, therefore, dismissed.

Petition dismissed.

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