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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: KHANI ZAMAN VS Respondent: SHER ZAMAN AND ANOTEIER
Court Name: Lahore High Court Judge(s): Sardar Muhammad Abdul Ghafoor Khan Lodhi Title: KHANI ZAMAN vs SHER ZAMAN AND ANOTEIER Case No.: Criminal Miscellaneous No. 259/Q of 1977 Date of Judgment:1977-07-06 Reported As: 1977 P Cr. L J 1065 Result: Proceedings quashed
Judgment ORDER ' The facts of the case giving rise to this petition are that the petitioner agreed to give the hand of his grand-daughter, iiibi Jamila Jan to the son of the respondent 7 years back and received ornaments worth R. 9,965. It is alleged that thereafter he has been putting off the respondent on one pretext or the other and did not marry the gill with the son of the respondent. Thereafter the petitioner married the girl with some other person and after one month the respondent brought a complaint under sections 420 and 406, P. P C. Against the petitioner. The learned Magistrate after making preliminary inquiry under section 202, Cr. P. C, summoned the petitioner and he has come forward for getting the . The evidence does not show that at the time when the petitioner promised to give the hand of his grand-daughter to the son of the respondent this intention was bad and he did not want to marry the girl. The simple fact that at the time of agreeing to give the hand of the girl in marriage ornaments were received would not be sufficient to show that the intention was not to give the girl in marriage. 2. Learned counsel for the respondent has argued that a case under section 406 may be made out against the petitioner, therefore, this is not a case far quashmeet. I do not fined any force in this argument. No doubt the ewer' tint was brought under sections 420 and 406, P. P. C. But the learned Magisteate summoned the petitioner only under section 420 and not under section 406. Since the parties are related, the main purpose of the bringing of the complaint by the respondent was to recover the ornaments and the intention does not appear to get the petitioner punished. The ornaments can be recovered by bringing a civil suit. The bringing of the complaint therefore amounts to the abuse of the process of the Court. For A the reasons given ab sve I accept this
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petition and quashing the proceedings of the complaint direct that the complaint be filed and the petitioner be discharged. No order as to costs. {{BLUR PAGE}}