Law:

Section:

(a) Constitution of Pakistan (1973)---------Art. 199---Constitutional jurisdiction, exercise of---Quashing of F.I.R.---Court in order to quash an F.I.R. and the ensuing proceedings has to consider whether the same on the face of it is frivolous and whether the allegations as contained in the petition do not constitute an offence even if they are assumed to be correct---Court has also to see whether allowing the proceedings to continue on the basis of such F.I.R. would be an abuse of process of law and the accused could not be convicted on the allegations of the F.I.R. even if accepted as correct. (b) Penal Code (XLV of 1860)----- ----Ss. 392 & 109---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Quashing of F.I.R. ---Investigation of the case was underway and in case challan was submitted against the accused in the Trial Court, they could avail of appropriate remedy by filing an application under S.249-A or 265-K, Cr.P.C.---Contents of F.I.R. even if assumed to be correct, the same did not indicate that no case was made out against the accused---No justification was available for quashing the F.I.R.---Petition was dismissed accordingly. Muhammad Abid and others v. Nusrat Ali 2000 PCr.LJ 1847; Mst. Sabai and another v. The State and others 1988 PCr.LJ 1429; Abdul Aziz Sattar alias Abdul Aziz Abdul Sattar v. Khawaja Muhammad Ashraf and another PLD 1965 Dacca 315 and Sharif and 3 others v. The State 1972 P Cr.L J 94 ref. Mst. Gulnaz Bibi v. Mian Muhammad Younas, S.-I. And 2 others 2003 MLD 1608; Muhammad Saleem v. Deputy Director, F.I.A./CBC Multan and another 2000 MLD 357 and Nazia Parveen and others v. S.H.O. and others 2000 SD 122 distinguished. ORDER This writ petition, has been filed by the petitioners on the plea that F.I.R. No.341 of 2003 was registered on 5-8-2003 against them in Police Station Shorkot City under sections 392/109, P.P.C. on the complaint of respondent No.3. The petitioners seek quashment of the F.I.R. aforesaid on the grounds mentioned in para. No.2 of the petition and it has been prayed by them that the F.I.R. aforesaid may be quashed and the respondents may be restrained from harassing the petitioners. 2. The…

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