MUHAMMAD TARIQ BILAL Versus STATE
ORDER
The petitioner-accused has filed this petition under section 561-A, Cr.P.C. for the quashment of case F.I.R. No.264/91 registered on the complaint of respondent Muhammad Aslam at Police Station City Chishtian on 13-8-1991 under sections 381, 406, 420, P.P.C. pending in the Court of Assistant Commissioner, Chishtian.
2. The complainant/respondent in the F.I.R. has narrated that the complainant had mortgaged his "Maut-ka-Kunwan" for a consideration of Rs.45,000 and had given possession and an agreement had been executed between the parties. The complainant had further alleged that in his absence the petitioner-accused is alleged to have shifted "Maut-ka-Kunwan" near Bhai Pheru. Neither he had paid the amount of Rs.45,000 nor restored "Maut-ka Kunwan".
3. The petitioner-accused was challaned and sent up for trial. The petitioner moved an application under section 249-A, Cr.P.C. for his acquittal before the trial Court, but the same was dismissed.
4. The complainant has specifically narrated in the F.I.R. about the agreement executed between himself and the accused/petitioner as well as handing over of possession of "Maut-ka-Kunwan". There was an agreement between the parties. It was a contractual obligation and being civil liability the respondent could file a suit in the Civil Court for the recovery of the amount of Rs.45,000. The F.I,R. was registered at the behest of- the respondent complainant Muhammad Aslam in a matter which involves dispute about contractual obligation between the parties. The case was registered on the statement of the complainant as a lever to extract disputed amount from the petitioner-accused. Registration of the case was mala fide. The learned counsel for the State has conceded that it was a civil liability and has not opposed the quashment. In the circumstances, the proceedings in case F.I.R. No.264/91 1 registered at Police Station City Chishtian under sections 381, 406 and 420, 4 P.P.C. pending in the Court of Assistant Commissioner, Chishtian are quashed being abuse of the process of Court.
N.H.Q./M-1724/L Proceedings quashed.