ISRAR HUSSAIN vs The STATE
The instant petition was filed under section 561-A of the Code of Criminal Procedure 1898 for the quashment of an FIR registered against the petitioner regarding a bounced cheque under section 489-F of the Pakistan Penal Code 1860. The core legal question was whether an FIR can be quashed under section 561-A, Cr.P.C. when it constitutes a malicious attempt to enforce a civil liability and involves repetitive registration of criminal cases on the same subject matter. The court held that the initiation of criminal proceedings in such circumstances amounts to an abuse of the process of the court, particularly where a previous similar FIR against another person on identical allegations had already been quashed by the court. The petition was consequently allowed and the FIR was quashed. The key principle laid down is that the High Court may exercise its inherent powers under section 561-A, Cr.P.C. to quash an FIR when criminal machinery is being misused to enforce civil liabilities or to harass individuals through successive and malicious prosecutions.
- Can the High Court quash an FIR under section 561-A of the Code of Criminal Procedure 1898 when it is used to enforce a civil liability?
- Whether successive registration of FIRs on identical allegations amounts to an abuse of the process of the court?
- What are the circumstances under which the High Court can exercise its inherent powers for the quashing of an FIR?
- Section 561-A, Code of Criminal Procedure 1898
- Section 489-F, Pakistan Penal Code 1860
- Section 173, Code of Criminal Procedure 1898
- Section 249-A, Code of Criminal Procedure 1898
ORDER
MALIK HAQ NAWAZ, J. The instant petition under section 561-A, Cr.P.C. has been filed by, the petitioner for quashment of FIR No.60/2018 dated 24-08-2018 on the written application of one Sher Zaman son of Shakour Khan resident of Jalalabad.
2. The learned counsel for the petitioner submitted that the case is one of the civil dispute between the complainant and the petitioner, which has been turned into a criminal case just to pressurize the petitioner. Per learned counsel no useful purpose will be served to allow to continue with the trial of the case. The learned counsel in support of his contention relied on Cr. Misc. No.158/2018.
3. The learned Dy. Advocate General submitted that the petitioner issued a cheque of Rs.300000/- (three lac) which was bounced back due to insufficient balance. The section 489-F has been enacted to meet such like eventualities.
4. The petitioner is charged in FIR on the allegation that he issued a cheque bearing No.144803 dated 20-06-2018 and on presentation the cheque in Co-operative Bank Gilgit, the cheque was bounced back due to insufficient balance. The complainant earlier lodged FIR No. 60/2018 against one Iqtidar Hussain on the same allegation, which was quashed by this Court in Cr. Misc. No. 158/2018 dated 28-09-2018 and the same complainant lodged the present FIR against one Israr Hussain, with a little variation in the contents of FIR, which seems to be a malicious attempt on the part of complainant. Some of the grounds for quashment of FIR under section 561-A, Cr.P.C. have mentioned in a case reported in 2019 M LD 287 (citation c and d) which are as under:- "(c) Criminal Procedure Code (V of 1898) ----S.561-A---Inherent powers of High Court-- Quashing of FIR---Principles.
High Court quash an FIR under section 561-A, Cr.P.C., in the presence of following circumstances.
(1) If there is any jurisdictional defect;
(2) If there is any patent violation of some provisions of law;
(3) If allegations as contained in the complaint or FIR, even if believed, no case was made out and the continuation of the proceedings would amount to sheer abuse of process of the court;
(4) When an Endeavour was made to enforce civil liability the machinery of criminal court; and Inordinate delay, amounting to abuse of process of Court. [p. 292] C"
"(d) Criminal Procedure Code (V of 1898)-- ----S.561-A---Inherent powers of High Court-- Quashing of FIR---Circumstances when could not be quashed, enumerated.
High Court quash FIR under section 561-A, Cr.P.C., in the following circumstances.
(6) Where the case is at the stage of investigation;
(7) In presence of cognizable offence;
(8) When the accused person has been found to be guilty and the trial is in motion;
(9) When the challan under section 173, Cr.P.C. has been submitted before the Court of law; and
(10) Where an alternate remedy under section 249-A, Cr.P.C. is available to the accused person. [p.
293] D."
5. In view of above, I, am of the view that the complainant made a second attempt to tease the petitioner, when earlier FIR almost all on the same allegations was quashed by this Court. The petition is allowed and FIR No. 60/2018 dated 24-08-2018 is quashed accordingly.
6. FIR quashed.