ABDUL RAUF KHAN vs MUHAMMAD HANIF MOOSA and another
This matter involves three Criminal Miscellaneous Applications seeking the cancellation of bail granted to respondent No. 1 and the quashment of criminal proceedings arising from multiple F.I.R.s. The core legal question concerned whether the bail granted by the Judicial Magistrate should be cancelled due to the suppression of material facts regarding the prior rejection of pre-arrest bail by an Additional Sessions Judge. During the proceedings, the Court observed that the underlying dispute was essentially civil in nature, involving financial claims between related parties. The Court facilitated a settlement between the parties, who agreed to reduce their total claim to Rs. 1,600,000, payable in monthly installments. The Court held that upon the full deposit of the agreed amount with the Nazir of the Court, the criminal proceedings initiated against the parties would be dropped. The key principle laid down is that where criminal proceedings are essentially rooted in a civil dispute between related parties, the Court may facilitate a settlement and stay criminal proceedings contingent upon the fulfillment of financial obligations, thereby prioritizing the resolution of the underlying civil conflict.
- Can criminal proceedings be stayed or dropped if the underlying dispute is essentially civil in nature and a settlement is reached?
- Does the suppression of material facts regarding prior bail rejection constitute grounds for the cancellation of bail granted by a subordinate court?
- Can a High Court direct the deposit of disputed funds with the Nazir to facilitate a settlement between parties in criminal proceedings?
- Section 342, Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 489-F, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
ORDER
1. ' KHAWAJA NAVEED AHMED, J.--By Criminal Miscellaneous Applications Nos.178 and 179 of 2007, the applicant seeks cancellation of bail granted to respondent No,1, Muhammad Hanif Moosa while by Criminal Miscellaneous Application No,180 of 2007 the applicant seeks quashment of proceedings of F.I.R. No, 236 of 2006 registered under sections 342/506-B/34, P.P.C. At New Town Police Station, Karachi.
2. ' The Respondent No,1 was granted bail by the learned Judicial Magistrate in case F.I.R. No,225 of 2006 under section. 420/489-F, P.P.C. And F.I.R. No, 237 of 2006 under section 489-F/506, P.P.C.
3. Registered at Kalree Police Station, Karachi South. The learned counsel for the appellant has argued the matter at length and his main contention, which appealed to this Court, was that the applicant while granting bail from the Court of learned Judicial Magistrate has suppressed the material fact that the plea of his pre-arrest bail has already been rejected by the learned Additional Sessions Judge on merits. The learned counsel in support of his arguments has relied upon the following case law where on the similar facts the bail granted by the subordinate Courts was cancelled.
(1) Saghir Ahmad v. State 2005 PCr.LJ 654;
(2) Talib Hussain v. State 2006 M LD 1439; and
(3) Muhammad Khan v. State 2005 PCr.LJ 1797.
4. ' During the course of arguments and before passing any order, this Court has offered the parties to reconcile this matter as basically this is a civil dispute between the parties, who are inter related as well. Abdul Sattar Khan Niazi, who is real uncle of applicant Abdul Rauf Khan is present in Court. He is supporting respondent No,1, Muhammad Hanif Moosa and states that cheques which are subject matter of this case are in fact his property and he had kept those cheques in trust when his late brother Amanullah Khan Niazi, the then Superintendent Central Prison, Karachi, was alive. He states that his brother was murdered and as such those cheques were returned to his children and now they are misusing the same.
5. ' Respondent No,1, Muhammad Hanif Moosa, was asked by this Court to tell the real facts. He has come out with the truth and states that amount is not Rs,32,00,000 and in fact it is only Rs,16,00,000.
6. Both the parties after a heated discussion have reduced their claim to Rs,16,00,000 only. Again at this stage, Abdul Sattar Khan Niazi, who is present in Court, has stated that out of Rs,16,00,000 Rs,8,00,000 is his share. He states that he is ready to take special oath on Holy Quran. This Court has told him not to take special oath. He has also offered the applicant to take special oath and he will give up his claim. This Court has also asked the applicant not to take special oath. From the heated discussion in the open Court and from the sentiments, which naturally erupted during the argument, it is clear that respondent No,1, Muhammad Hanif Moosa has to pay only Rs,16,00,000 to both Abdul Sattar Khan Niazi and his nephew Abdul Rauf Khan, the applicant.
7. ' Respondent No,1, Muhammad Hanif Moosa submits that the amount has been invested by him in the business and cannot be withdrawn immediately. However, he is ready to pay Rs,16,00,000 in monthly instalments of Rs,100,000 each. He is directed to deposit Rs,100,000 on or before the 10th of every calendar month with the Nazir of this Court who will distribute the same between Abdul Sattar Khan Niazi and Abdul Rauf Khan equally.
8. ' With above order, the civil dispute between the parties stands resolved. Both the cheques in question will not be used by the parties against each other. Upon deposit of Rs,16,00,000 with the Nazir of this Court, by respondent No,1, Muhammad Hanif Moosa, the criminal proceedings initiated against him in respect of both the cheques shall be dropped. In the meantime, criminal proceedings initiated against respondent No,1 in F.I.R. No,225 of 2006 of PS Kalree, Karachi, and F.I.R.
9. No,237 of 2006 of Police Station Kalree, Karachi, are hereby stopped. Similarly the criminal proceedings initiated against the applicant in F.I.R. No,236/2006 of PS New Town, Karachi, are also stopped. Applicant Abdul Rauf Khan, Ghulam Yasin and respondent No,1 Muhammad Hanif Moosa are also exempted from personal appearance in their respective trial Courts for 16 months. In case of default in payment of instalment with the Nazir of this Court, the entire amount shall be payable in lump sum by respondent No,1 and the law will take its own course. A copy of this order be placed in the Civil Suits files pending between the parties in this Court.
10. ' All the three Criminal Miscellaneous Applications are disposed of in above terms.