Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 337-F (iv), 452, 148 & 149---Ghayr-jaifah, house trespass, rioting and common object---Quashing of F.I.R.---Inherent powers of High Court---Scope---Allegations against the accused were that they committed house trespass and injured the wife of complainant and also criminally intimidated---Another F.I.R. was on record against the complainant party wherein the Police Station, date and place of occurrence were the same---Two versions existed qua the same incident and one person from each party had allegedly sustained injuries and which of the two versions was correct, was a question which required determination in the light of the evidence during trial---Question as to who was the aggressor and who was aggressed upon could not be answered in absence of evidence---When an offence had been committed, then ordinary course of trial was not to be deflected by resorting to quashment---Inherent powers of the High Court could only be invoked in extraordinary cases, where no offence was made out, even if the allegations made in the F.I.R. were proved at the trial or when there was a case of no evidence, or where there was a violation of any law or where any illegality had been pointed out, causing grave miscarriage of justice---Not a single circumstance had been pointed out, which might warrant interference of the High Court to exercise its inherent jurisdiction---Jurisdiction under S. 561-A Cr. P. C., was only meant to fill lacuna, existing in the Criminal Procedure Code, in the matters, for which no specific provision or remedy had been provided and it would not be frequently applied for determining the guilt or innocence of an accused at premature stage s had failed to make out case of quashment---Petition was dismissed. Bashir Ahmad v. Zafrul Islam PLD 2004 SC 298 and Sher Afghan Khan Niazi v. Ali Habib and another 2011 SCMR 1813 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of High Court---Conditions---Conditions essential to be fulfilled to seek interference under S. 561-A, Cr.P.C. were that the injustice which came to light, should not be of a…

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