KASHIF AZEEM vs Mst. TAHIRA ANJUM and 5 others
This matter concerns a petition filed by an employee of a service company seeking the quashment of criminal proceedings initiated against him following the repossession of a vehicle. The core legal question was whether the act of repossessing a vehicle in the discharge of official duties, in the presence of police, constitutes the offense of dacoity under the Pakistan Penal Code. The Court held that the proceedings were devoid of the necessary mens rea and did not fall within the definition of the alleged offense. Consequently, the Court exercised its inherent jurisdiction to quash the proceedings, noting that their continuation would not result in a conviction. The Court facilitated a settlement between the parties, directing the respondent to pay the outstanding lease amount to the bank, with the bank waiving certain markups. The key principle laid down is that criminal proceedings may be quashed under section 561-A of the Code of Criminal Procedure 1898 when the alleged acts lack the requisite criminal intent and do not satisfy the statutory definition of the charged offense, particularly where continuation would be futile.
- Can criminal proceedings be quashed under section 561-A of the Code of Criminal Procedure 1898 if the alleged act lacks the necessary mens rea?
- Does the repossession of a vehicle by an employee in the presence of police constitute the offense of dacoity under section 395 of the Pakistan Penal Code 1860?
- Is it appropriate for a High Court to convert a petition into a Criminal Miscellaneous Application to quash proceedings when the parties have reached a settlement?
- Section 395, Pakistan Penal Code 1860
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. By consent the following order is passed.
2. ' The Bank shall settle the account with respondent No,1 Mst. Tahira, who shall pay the entire lease amount within 15 days from today, failing which she shall surrender the Car bearing No, AMD-759 with the Additional Registrar of this Court. The proceedings initiated by her against the petitioner is devoid of mens rea as definition of section 395, P.P.C. Is distinct and is not covered by the act alleged to have been committed by the petitioner who in discharge of his duties as employee of Access World Service Karachi has taken possession of the car in presence of the police.
3. ' In the given circumstances, the proceedings culminating from F.I.R. No,221 of 2009 of Police Station Cantonment Hyderabad against the petitioner are liable to be quashed as continuance of such proceedings will not end in conviction of the petitioner. We in the given circumstances, at the request of learned counsel for the petitioner convert this petition into Criminal Miscellaneous Application under section 561-A, Cr.P.C. And quash the proceedings culminating from Crime No,221 of 2009 Police Station Cantonment Hyderabad against the petitioner the office to number it accordingly. The complainant of said F.I.R. Is also present who has consented to this arrangement.
4. The Bank Offer and the complainant Mst. Tahira shall settle the accounts within a week from today and such report be submitted to Additional Registrar of this Court. In case, the amount is not paid by respondent No,1, the Bank would be at liberty to file complaint against her before the Banking Court and she shall surrender the Car with the Additional Registrar of this Court in the intervening period. The Bank Manager states that markup of seven installments will not recovered from the Respondent No, 1/complainant.
5. ' This Criminal Miscellaneous Application stands disposed of in the above terms.