Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: TAHIR ZAMAN and others VS Respondent: ABDUL AKBAR KHAN and others
Court Name: Peshawar High Court Judge(s): Syed Usman Ali Shah Title: TAHIR ZAMAN and others vs ABDUL AKBAR KHAN and others Case No.: Cr. Misc. No.112 of 1983 Date of Judgment:1983-05-30 Reported As: 1993 MLD 1774 Result: Petition dismissed
JUDGMENT
JUDGMENT ' By this petition under section 561-A, Cr.P.C. the petitioner seeks quashment of proceedings against him pending in the Court of Magistrate Ist Class, Swabi under section 468/471, P.P.C. ' The relevant facts are that Mst. Anwar Zia respondent is the real sister of the petitioner.. Their father and one brother Liaqat Zaman died and on their death respondent was entitled to her Shari share in the estate of her deceased father and brother but the petitioner got attested Mutation No.13331 in his favour depriving respondent of her Shari share. This mutation was challenged by the respondent i civil suit and in the course of proceedings the respondent tiled F.I.R. against the petitioner alleging that she is being coerced and harassed by the petitioner. ' The learned counsel for the petitioner submits that the dispute between the parties is of a civil nature, therefore, there was no need of criminal resort by the respondent against the petitioner. The learned counsel urged that the step taken by the respondent against his client is nothing but to pressurise him to surrender to her claim in her civil suit. According to the learned counsel, the criminal proceedings in the present case brought by the respondent against the petitioner would amount to abuse of the process of law in the circumstances of the case. While hearing the learned counsel for the parties, it was brought to my notice that the criminal proceedings have almost been completed and the case is ripe for announcement of the order. The learned counsel for the petitioner concedes this position, therefore, no interference is called for by this Court in the proceedings at this stage and consequently this petition is dismissed. Petit ion dismissed.