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Petitioner: MUHAMMAD TARIQ BILAL VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 2219
[Lahore]
Before Mian Abdul Khaliq, J
MUHAMMAD TARIQ BILAL---Petitioner
Versus
THE STATE and another---Respondents
Criminal Miscellaneous. No.96/Q/BWP of 1994, decided on 19th January, 1994.
Penal Code (XLV of 1860)---
----S. 381/406/420---Criminal Procedure Code (V of 1898), S.561-A-- Quashing of proceedings---Complainant had got the F.I.R. registered in a matter involving dispute about contractual obligation between the parties with mala fide intention as a lever to extract disputed amount from the accused-- Prosecution conceding the matter a civil liability did not oppose the quashment---Proceedings pending in the Court of Magistrate against accused being abuse of the process of Court were quashed.
Malik Muhammad Aslam for Petitioner.
Mushtaq Ahmad Faraazi for Respondent No.2.
ORDER
The petitioner-accused has filed this petition under section 561-A, Cr.P.C. for the quashment of case F.I.R. No.264/91 registered on the complaint of respondent Muhammad Aslam at Police Station City Chishtian on 13-8-1991 under sections 381, 406, 420, P.P.C. pending in the Court of Assistant Commissioner, Chishtian.
2. The complainant/respondent in the F.I.R. has narrated that the complainant had mortgaged his "Maut-ka-Kunwan" for a consideration of Rs.45,000 and had given possession and an agreement had been executed between the parties. The complainant had further alleged that in his absence the petitioner-accused is alleged to have shifted "Maut-ka-Kunwan" near Bhai Pheru. Neither he had paid the amount of Rs.45,000 nor restored "Maut-ka Kunwan".
3. The petitioner-accused was challaned and sent up for trial. The petitioner moved an application under section 249-A, Cr.P.C. for his acquittal before the trial Court, but the same was dismissed.
4. The complainant has specifically narrated in the F.I.R. about the agreement executed between himself and the accused/petitioner as well as handing over of possession of "Maut-ka-Kunwan". There was an agreement between the parties. It was a contractual obligation and being civil liability the respondent could file a suit in the Civil Court for the recovery of the amount of Rs.45,000. The F.I,R. was registered at the behest of- the respondent complainant Muhammad Aslam in a matter which involves dispute about contractual obligation between the parties. The case was registered on the statement of the complainant as a lever to extract disputed amount from the petitioner-accused. Registration of the case was mala fide. The learned counsel for the State has conceded that it was a civil liability and has not opposed the quashment. In the circumstances, the proceedings in case F.I.R. No.264/91 1 registered at Police Station City Chishtian under sections 381, 406 and 420, 4 P.P.C. pending in the Court of Assistant Commissioner, Chishtian are quashed being abuse of the process of Court.
N.H.Q./M-1724/L Proceedings quashed.