Find a Lawyer

Criminal Miscellaneous Application No. 986 of 1977,. decided on 8th August. 1979.

---S. 561-A-Quasbment of proceedings-Parties having strained relations and litigation between them pending in respect of Agricultural land--F. I. R. lodged by respondent after a delay of 20 days without explanation for delay-Parties compromising their civil disputes and such compromise accepted by High Court in First Appeal-.Record showing respondent a party to agreement-- In view of filing of F. I. R. after delay of 20 days in background of strained relationship, continuance of proceedings, held, an exercise in futility-Proceedings quashed, in circumstances---Penal Coda (XLV of 1860), s. 452, 448, 148 & 149,

Syed Madad Ali Shah for Applicant,

Mrs, Salima Nasiruddin for the State.

Date of hearing ; 8th August 1979.

The applicants have requested for the quashment of the case register ed against them under sections 452, 448, 147, 148 and 149, P. P. C. The first informant was Mst. Bibi Phapul widow of Mr. Ghulam Abbas Khan, She complained- that about 20 days back when she had gone away t4 Khairpur to see her parents, the present applicants trespassed upon her house and demolished the wall existing between her house and the house of appellants Nos. 1 and 2 who were alleged to be sons of Mst. Kauri who was alleged to be Kaniz of Mir Ghulam Abbas Khan Talpur the husband of Mst, Phapul. She alleged that she had put Attan Shah in bar house to look after the same, but applicants Nos. 1 and 2 with the other 6 appli cants duly armed with hatchets and lathis broke the common wall and forcibly occupied her house. The police have challaned the case, and the same is pending,' but the applicants have obtained stay by order of this Court.

Mr. Syed Madad Ali Shah contends that there was a delay of 20 days in the filing of the F. 1. R. as admitted in the F. 1. R. itself and the reason of the delay by the first informant is that she had become ill, and therefore, could not file the complaint earlier. Counsel contends that the reason for the delay is untenable as the first informant had herself admitted that she had come, from Khairpur to Mehrabpur on the next day of the incident and had learnt all the details from Attan Shah. It is, therefore, not natural that a person who had come from long distance from Khairpur to Mehrabpur and had learnt all the details would not go straight away to the Police Station, and would wait for 20 days, before filing the F. I. R. Mrs. Saleema Nasiruddin for the State supported the assertion of the applicants' counsel, and she states that the delay involved is so much that no credence can be placed on the story of the prosecution. 1t is further stated that in the challan presented by the police, the alleged eye-witness Attan Shah, who had been entrusted with the care of the house by Mst. Phapul, has not been even cited as a prosecution witness, which again casts a great deal of doubt on the prosecution case. Mr. Madad Ali Shah further states that there was a litigation pending between the parties in respect of Agricultural Lands and Mst. Bibi Phapul had been contesting the claim of Mst. Kauri to be the wife of Ghulam Abbas, and she had filed a civil suit No. 24/1973 in the Court of Additional District Judge, Khairpur. He has further pointed out that there was bad blood between the parties in May, 1977 when the applicant's side had been harassed by Mir Shaukat who was the Attorney of Mst. Bibi Phapul. -The counsel has filed copies of two Telegrams sent on behalf of .Mir Ghulam Nabi applicant No. I to different Authorities. Submission is that viewed in this background. the F. I. R. filed 20 days late was a mere concoction and completely baseless, and continuation of the same would amount to an abuse of process. Lastly, counsel has also pointed out that 'the parties have eventually compromised their Civil disputes and they have filed a compromise in this High Court in First Appeal No. 32/1975, which hats been accepted by the High Court, and now therefore, all the differences between the parties have been brought to an end. The appli cants Nos. 1 and 2 are a party to that agreement and they have agreed to allow Mst. Phapul to occupy for her life the house which is the subject matter of the present proceedings, and after her death the applicants Nos. 1 and 2 with their mother, and sisters would be entitled to occupy the same. I have verified from the record of Ist Appeal No. 32/1975 that it is so and Mst. Phapul is a party to that agreement. Submission of the counsel therefore is that in view of that compromise continuation of criminal proceedings would amount to straining of the conciliation which has been brought about between the parties. Considering all these circumstances particularly the filing of the F. I. R. after delay of 20 days in] the background of strained relationship. I am of the view that the conti nuation of such proceedings would be an exercise in futility, and would be a mere force. 1n any case their continuation would ruin the atmosphere of better relationship which had been brought about now between the) parties, I would therefore quash this proceeding.

Proceeding quashed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.