HAJI GHULAM MASOOM Versus ABDUL HAMEED AND 2 OTHERS

ORDER

The petitioner, Haji Ghulam Masoom, has moved this petition under section 561-A, Cr.P.C. for quashment of the proceedings arising out of F.I.R. No. 43/83, dated 8-5-1983, under sections 406/420, P.P.C. pending in the Court of Mr. Zafar Abbas Lali, Magistrate 1st Class, Lahore.

2. Learned counsel for the petitioner argued that there is a civil suit pending between the parties in the Court of Syed Nasir Ali Shah, Civil Judge, Lahore on the controversy. Learned counsel maintained that on the same controversy the criminal proceedings referred to above, were also launched by the complainant which proceedings are pending before the trial Court. The contention of the learned counsel is that the proceedings before the criminal Court cannot proceed in view of the pendency of the civil suit between the parties on the subject. In this behalf the learned counsel has placed reliance on Gulzar Ahmad v. The State (1983 P Cr. L J 775).

3. Learned counsel appearing on behalf of the State has heavily opposed the petition and has submitted that the criminal Court is competent to proceed in the case irrespective of the fact that civil suit on the subject is pending before the civil Court.

4. I have heard the learned counsel for the parties and have perused the record very minutely. I am of the view that admittedly the controversy before the civil Court as well as the criminal Court pertains to the same subject. It is in the fitness of things that in the meantime criminal proceedings are stayed and the result of the civil suit be awaited. Respectfully following the above referred authority, I direct that the criminal proceedings arising out of F . I . R . No. 43/83 dated 8-5-1983 under sections 406/420, P.P.C., Police Station Mochi Gate, Lahore, pending in the Court of Mr. Zafar Abbas Lau, Magistrate 1st Class, Lahore, shall be stayed till the final decision by the learned civil Court in the civil suit pending before it between the parties. However, the learned civil Court, Lahore, is directed to dispose of the civil suit within a period of three weeks without fail and compliance report thereof shall be sent to this Court through the Registrar of this Court.

S.A./G-96/L Order accordingly.