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Petitioner: ABDUL LATIF DAR VS Respondent: MARYAM ZAMANI AND Others
Court Name: Lahore High Court Judge(s): Abaid Ullah Khan Title: ABDUL LATIF DAR vs MARYAM ZAMANI AND Others Case No.: Writ Petition No. 2760 of 1979 Date of Judgment:1980-11-25 Reported As: 1981 P Cr. L J 1261 Result: Proceedings quashed
JUDGMENT
JUDGMENT Shorn of unnecessary details the facts relevant for the purpose of disposal of the present petition are these. Mst, Maryam Zamani, respondent 4, is the sister of Abdul Latif Dar, the petitioner, and were of Ilama Muhammad Ahmad Ludhianvi, respondent 5. Brother and sister catered into partnership business to run a school. Sometimes afterwards Trey fell out and site started civil as well as criminal proceedings against kiln in respect of its. 3,000. Once her complaint under sections 406 and 420 of the Pakistan Penal Code was dismissed she brought another complaint. The Court of Session. Gujranwala by its order dated the 19th April, 1979, accepted respondent 4's revision petition against dismissal of her complaint for non-prosecution on the 6th August, 1977. The petitioner impugns the validity of the aforesaid order as also seeks quashment of proceedings of the criminal case on the ground that his criminal liability is in no way established, 2. The civil suit pertaining to the same amount brought by respon--dent 4 against the petitioner was dismissed by the learned Civil Judge, Gujranwala, and her appeal to the District Court, Gujranwala, met the same fate. In these circumstances the dispute appears to be of a purely civil nature and as the same has been concluded in favour of the petitioner there is no justification for continuation of criminal proceedings against him. Again proceedings of the criminal complaint would amount to no more than abuse of the process of the Court. Therefore, proceedings of criminal complaint filed by the respondent 4 against the petitioner are quashed.