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Criminal Miscellaneous No. 25-Q of 1982, decided on 25th May, 1982.
-S. 561- A-Quashment of proceedings--Civil suit admittedly pending between parties and entrustment of money to complainant according to compromise not found correct nor any report in this behalf ever lodged with Police-Complaint, held, merely filed to pressurize petitioner-Proceedings quashed, to circumstances--Penal Code (XLV of 1860), S. 406
Wilayat Hussain Haidari for Appellant.
Saiful Haq Ziai for Respondent No. 1.
Nemo for the State.
Subedar Nasir Ahmad filed a complaint under section 406, P. P. C. against his maternal uncle Mirza Khan and another relation Zakar Hussain. After recording preliminary evidence, the accused were summoned. They have come up under section 561-A, Cr. P. C. for quashment of the proceedings against them, on the ground that the complaint has been filed to victimize and harass them.
2. Admittedly, a civil suit arising out of a land dispute was pending between the complainant and his maternal uncle, Mirza Khan with whom entrustment of Rs. 5,000 was said to have been made by the complainant. Learned counsel for the respondent contended that since a compromise had been effected in the civil suit earlier therefore the complainant entrusted the money to Mirza Khan so that he may hand-over the same to his brother who was building a house. It is admitted on behalf of the complainant that in view of the compromise the accused was to give him 55 kanals of farm land from his personal holding, which he has not done in terms of the compromise. It seems rather difficult to accept that the petitioners would go and stay with the complainant when litigation was going on between them. Assuming that they had come to negotiate the compromise, even then it is highly impro bable that the complainant would entrust money without a receipt. The matter was also not reported to the police. Admittedly, the accused has not transferred the land as compromised by him. On the face of it, ii appears that the complaint was made to pressurize the petitioners. Under these circumstances, this petition is accepted and the proceedings in the complaint are hereby quashed.
Proceedings quashed.
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