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Criminal Miscellaneous No.132/Q of 1986, decided on 10th November, 1986.
--S.561-A--Penal Code (XLV of 1860), Ss.420, 467, 468 & 471--- Quashing of proceedings--Abuse of process of Court--F.I.R. lodged after 21 years' unexplained delay--Parties already litigating about the subject-matter on civil side--Dispute between parties of purely civil nature--Criminal litigation malicious--Proceedings being abuse of processes of Court were ordered to be quashed in circumstances.
Masud Mirza for Petitioner.
Farooq Bedar, Asstt. A.-G. for the State.
Date of hearing: 10th November, 1986.
Haji Dilmir Khan son of Mehr Sultan Mahmood Caste Mighiana Sial, resident of Mohalla Samanabad, Jhang Saddar and his son Mumtaz Ali Khan have filed this petition under section 561-A, Cr.P.C. for quashment of criminal proceedings in F.I.R. No.214, dated 20-5-1986 registered at Police Station, Kotwali. The case was registered under section 420/467/468/471, P.P.C. at the instance of Mohabbat son of Nusrat.
2. The complainant's case is that he was co-sharer in Khevat No.203 measuring 84 Kanals 18 Marlas alongwith Sultan and Pehlwan and others. These persons sold land to one Ghulam Hassan son of Noor Caste Arbi by means of registered sale-deed, dated 18-2-65 for a consideration of Rs.2,500. Ghulam Hussain in turn sold the land to Mumtaz Ali Khan petitioner. The transaction wag by means of registered sale-deed, dated 30-11-1982 and was in accordance with the decree of the Civil Court.
3. It was alleged that Mumtaz Ali Khan in collusion with his father Dilmir Khan further sold the land to one Amir Bibi alias Naseer Bibi wife of Safdar Aziz Farooqi vide registered sale-deed, dated 27-12-83. According to the complainant all this was a shabby transaction.
4. The grounds on which the petitioners seek quashment of F.I. R. are that the report was lodged after two and a half years. No explanation has been given for such a long delay. The parties are already litigating on civil side.
According to the learned counsel for the petitioners if at all there is any dispute between the parties that is purely of civil nature. Criminal case is a malicious prosecution.
No effective argument was advanced from the other side.
5. I find great deal of force in the contentions raised by the learned counsel for petitioners which have not been repelled at all. I am, therefore, of the view that if such proceedings are permitted to continue that will be an abuse of process of Court and it will be in the interest of justice to stop such proceedings.
I, therefore, accept this petition and quash the F.I.R. No.214. dated 20-5-1986.
S. A./D-8/L Proceedings quashed
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