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Criminal Miscellaneous Application No. Q/1142 of 1984, decided on 30th October, 1986.

‑‑‑S. 561‑A‑‑Quashing of proceedings‑‑Criminal proceedings instituted against accused for seeking a relief of civil nature‑‑State supporting contention of accused‑‑Proceedings quashed.

Ameer Ahmad Khan for Applicant.

Nazir Ahmed Siddique for Respondents.

Date of hearing: 30th October, 1986.

A report was lodged by one Muhammad Aqil at the Police Station on 21‑6‑1984 wherein he has stated that Zamir Ahmad. Siddiqui has entered into an agreement with him for the sale of a plot valuing at Rs.7,70,000 and Rs.70,000 have been received by him as advance but the said Zamir Ahmad Siddiqui has not transferred the plot in his favour and now he wanted to sell it to some other person. The petitioner has filed this application for quashment of the proceedings. According to the petitioner the plot in question was allotted to one Abdul Haleem Siddiqui. Thereafter, there was some dispute between one Akmal Siddiqui and widow of Abdul Haleem Siddiqui. Akmal Siddiqui has filed Suit No. 478 of 1983 in this Court and order of status quo was granted in his favour. The said Muhammad Aqil did not file any suit for specific performance of his alleged purchase of the property in question from Akmal Siddiqui. He made an application under Order 1, Rule 10, C.P.C. in Suit No. 478 of 1983 but the same was rejected as the suit was dismissed as withdrawn. In the application under Order 1, Rule 10 Muhammad Aqil expressly stated that in pursuance of some oral agreement of sale he is said to have paid Rs.125,000 to Akmal Siddiqui and further paid a sum of Rs.45,000 to his attorney. Learned counsel for the petitioner has also filed an order of the High Court wherein the suit of said Muhammad Aqil filed against nine persons including the private respondents was dismissed under Order VII, rule 11, C.P.C. The report was registered on 21‑6‑1984 in respect of an offence which is stated to have been committed on 16‑11‑1983. The said Muhammad Aqil has himself submitted an application under Order 1, rule 10, C.P.C. in Suit No. 478 of 1983. He had also filed a suit for permanent injunction that the defendant be restrained from entering upon the Plot No.1/C/10, Federal 'B' Area Karachi‑38 admeasucing 800 square yards which was dismissed. The proper remedy according to the learned counsel for the petitioner for Muhammad Aqil was to file a suit for specific performance of contract which he has not done. All these facts would show that this is a case of civil nature, it appears that the report with the police has been lodged in order to pressurise the private respondents. It has been contended by the learned counsel for the parties that Muhammad Aqil is still in possession of the disputed plot. For seeking relief of civil nature criminal proceedings have been initiated against the petitioner and private respondents. It is misuse of the process of the Court.

Learned counsel appearing on behalf of the State has supported the contention of the petitioner that the entire facts relate to a civil' nature.

I, therefore, accept this application and quash the proceedings pending in the Court of Additional City Magistrate, Gulberg, Karachi.

M. Y. H. Proceedings quashed.

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