Muhamad Umer vs The State
The applicant, Muhammad Umer Kunbhar, challenged an order passed by the Additional Sessions Judge-I/Ex-Officio Justice of Peace, Mirpurkhas, which had dismissed his application seeking the registration of an FIR. During the proceedings before the High Court, previous directions were issued to the DIG Mirpurkhas to conduct an inquiry and submit a compliance report. Upon the submission of the compliance report by the DIGP Mirpurkhas, the parties reached a consensus regarding the disposal of the matter. The Court held that the application should be disposed of based on the mutual agreement of the parties. The key principle established is that where parties reach a consensus to resolve a dispute regarding alleged harassment, the Court may dispose of the matter by directing the Station House Officer (SHO) to obtain personal bonds from the respondents to ensure no harassment is caused to the applicant, with specific instructions for the DIGP to take action in the event of non-compliance.
- Can a court dispose of an application for FIR registration based on a mutual agreement between parties regarding harassment?
- What is the procedure for ensuring no harassment is caused to an applicant when parties agree to a settlement in a criminal miscellaneous application?
ORDER
Adnan-ul-Karim M em on, J. Through this Criminal Miscellaneous Application, the applicant Muhammad Umer Kunbhar had impugned the order dated 29-05-2024 passed by the learned Additional Sessions Judge-I/Ex-Officio Justice of Peace, Mirpurkhas, whereby his Criminal Miscellaneous Application No.747/2024 seeking for registration of FIR was dismissed.
2. This Court vide order dated 28-09-2024 disposed of the instant application with a direction to DIG Mirpurkhas to conduct the inquiry to ascertain the factual position of the case by hearing the parties; however, no compliance report was submitted and again another order dated 02-10-2024 was passed with direction to DIGP Mirpurkhas to submit a compliance report. Today, DIGP Mirpurkhas has submitted a compliance report. At this stage, both the parties agreed to the disposal of the contempt application in the term that SHO shall take a personal bond from the private respondents in the sum of Rs.10,00,000/- (PKR. one million) from each respondent to the effect that no harassm ent shall be caused to the applicant. If they fail to furnish the bond for the aforesaid purpose, DIGP shall take immediate action in terms of paragraph 05 of the compliance report.
3. This contempt/listed application is disposed of in the above terms. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.