Law: Criminal Procedure Code (V of 1898)

Section: 561 , 406 , 420

  Criminal Procedure Code (V of 1898)-. ---- S. 561-A --- Direct entertainment of petition by High Court not barred. Mian Munir Ahmad v. The State 1985 SCMR 257 rel. Penal Code (XLV of 186.0)-- ---- S. 406/420- Constitution of Pakistan (1973), Art. 199- -Quashing of F.I.R. --- Allegations levelled against accused were vague --- Neither any receipt or writing had been obtained from the accused in token of having received the amount, nor witnesses were motioned in the F.I.R. in whose presence money was advanced to them --- Accused, in earlier complaints, was not mentioned as recipient of the amount --- F.I.A. in enquiry had found the allegations false and fabricated --- Agreement executed between the parties showed the disputed amount far less than the one mentioned in the F.I.R. -Dispute between the parties prima facie appeared to be of a civil nature for which the proper forum was the Civil Court --- Proceedings arising out of the F.I.R. were ordered to be quashed in circumstances.      c. Criminal Procedure Code (V of 1898)----- S. 561-A- --High Court is not denuded of its powers to quash the proceedings on being satisfied from the available material that the prosecution has been launched for improper motive merely to harass the accused, or that continuance of the same would be an abuse of the process of the Court, or for other reasons which impel the Court to conclude that to allow the prosecution to continue would not be in the ends of justice. Sardar Muhammad Latif Khan Khosa with M.D. Tahir for Petitioner. Ch. Nazir Muhammad for Respondent. Muhammad lqbal Khichhi, AA.-G. for the State. ORDER   This is a petition for quashment of case F.I.R No. 75/91, dated 21-8-1991, P.S. Akbari Gate, Lahore under sections 406, 420 P.P.C. registered on the report of Mst. Akhtar Hafeez against Mst. Shabana Choudhary and her husband Shahid Choudhary and others. According to Mst. Akhtar Hafeez complainant she and her husband Muhammad Hafeez had been residing in Dubai and used to frequently visi Pakistan. She intended to start some business in Pakistan. She knew Dr. Shahid Choudhary, Proprietor, Sidra Travelling Agency, because she used to get tickets…