Law: Penal Code (XLV of 1860)

Section: 406

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 406---Criminal Procedure Code (V of 1898), S.561-A---Constitution of Pakistan, Art.199---Constitutional petition---Quashing of F.I.R.---F.I.R. could not have been lodged after 4-1/2 years of the alleged incident and after six months of the filing of civil suit---Allegations in the F.I.R. did not seem to be justified on the basis of record---High Court under constitutional jurisdiction had ample powers to quash the proceedings of a criminal case; if no offence was made out---Dispute, in the present case, was entirely of civil nature, which was converted into criminal proceedings with ulterior motives---Powers under Art.199 of the Constitution or under S.561-A, Cr.P.C., by the High Court could be exercised in exceptional circumstances---F.I.R. was quashed. JUDGMENT MUHAMMAD ANWAR KHAN KASI, JUSTICE:---.--- The petitioner seeks the quashment of F.I.R. No.80, dated 7-2-2011, under section 406, P.P.C., Police Station Aabpara, on the grounds that there are civil litigations between the parties and the said F.I.R. was lodged by the respondent No.3 with mala fide intention to harass and blackmail the petitioner, so that the complainant could retain the possession of the shop regarding which an eviction order has been passed. Learned counsel stressed upon the quashment on the ground that in respect of the same shop an eviction application was allowed against the complainant of present F.I.R. and in favour of the present petitioner/landlord with the clear observation of the learned trial Court in Para No.10 of the judgment dated 8-7-2010 that "the demised shop was never sold out by the petitioner or purchased by either of respondent himself or his brother". It is stated that the said eviction order was maintained by the Appellate Court vide judgment dated 8-12-2010 and tenant/complainant has been directed to be evicted from the said shop. It is further submitted that the respondent No.3/complainant on 25-8-2010 filed a suit for specific performance of the agreements dated 30-5-2006 and 24-8-2007, which even otherwise was a time barred suit and after another six months, he lodged the present F.I.R. on 7-2-2011 about an alleged incident…

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