FAQIR MUHAMMAD And Others vs Ch. ALI MUHAMMAD And Others
This petition was filed under the inherent jurisdiction of the High Court seeking the quashment of F.I.R. No. 56, dated 14-3-1988, registered at Police Station City Bhakkar. The core legal question was whether criminal proceedings should continue when a bona fide civil dispute regarding the ownership of the property in question is simultaneously pending adjudication before a competent Civil Court. The petitioners and respondent No. 3 were engaged in active civil litigation regarding the title of House No. A/73, with cross-suits filed by both parties. The Court held that where the gravamen of a criminal case is essentially a civil dispute over property ownership, it is inappropriate for criminal proceedings to proceed concurrently. Consequently, the Court ordered that the criminal proceedings be stayed pending the final adjudication of the civil suits by the Civil Judge at Bhakkar. The Court further directed that upon the conclusion of the civil litigation, the Civil Judge shall forward the judgment to the Criminal Court to determine the future course of the criminal proceedings, mandating the civil suits be decided within four months.
- Can criminal proceedings be stayed when a civil suit regarding the same property dispute is pending?
- Does the pendency of a civil suit regarding property ownership necessitate the suspension of criminal proceedings initiated over the same subject matter?
- What is the appropriate procedure for a Criminal Court when a civil dispute regarding the property in question is pending before a Civil Court?
Faqir Muhammad son of Nemat Ali and Azhar Javaid son of Faqir Muhammad, petitioners, claim that they are owners of House No. A/73 Mohallah Malikanwala, Bhakkar City. The stand taken by respondent No.3, Atta Muhammad, is that the petitioners arc not owners of the house in question and in fact he is owner of the said property. He claims that he has inherited the house in question from his ancestors. Petitioners have instituted a civil suit against respondent No.3 before the Civil Court at Bhakkar to claim their ownership of the house in question: Similarly, a civil suit has also been filed by Atta Muhammad, respondent No.3, against the petitioners for cancellation of the sale-deed in order to establish his ownership vis-a-vis House No. A/73. In the meantime a criminal case was also registered on the statement of respondent No.3 against the writ petitioners and that the challan was submitted against the petitioners for their trial before the Criminal Court. This petition has been moved for quashment of F.I.R. No.56, dated 14-3-1988 Police I A Station City Bhakkar on the ground that the case is of civil nature and that the police has got no jurisdiction to interfere in the matter.
2. After hearing the learned counsel -for the parties and perusing the record, I am of the view that the controversy over the property in question is pending adjudication before the competent Civil Court at Bhakkar. In this view of the matter proceedings before the Criminal Court shall remain stayed fill such time the controversy is finally decided by the learned Civil Judge, Bhakkar. After the decision of the civil suits, copies of the judgments shall be forwarded by the learned Civil Judge to the Criminal Court to enable it to proceed further according to law. The learned Civil Judge Bhakkar before C whom the suits of the parties are pending shall dispose of the same within four months.
With this observation, this petition stands disposed of with no order as to costs.
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