Law:

Section:

Criminal Procedure Code (V of 1898)---S. 561 A Quashment of proceedings Contention that since genuine¬ness of agreement in question was being adjudicated upon in civil Court, criminal proceedings with respect to same document on allegation of its being forged should be quashed Held: Contention could have some relevance if question were whether proceedings before Criminal Court be stayed Petitioner having prayed for quashment of proceedings only and not for stay and there being no bar in law to civil and criminal actions continuing at same tithe, contention without force ¬Petitioner, however, could apply again for quashment of proceedings if in course of evidence recorded during proceedings matter transpired to raise a question of civil liability only and proceedings before criminal Court be an abuse of process of Court. ORDER NASIM HASAN SHAH, J. This petition for special leave to appeal is directed against the order dated 13 9 1978 of the Lahore High Court dismissing in limine Cr. Misc. No. 656 Q of 1978, filed by the petitioner herein for quashment of the proceedings initiated against him at the instance of respondent No. 2. Briefly stated, the facts leading to this petition are that one Dr. Sharif Hussain owned land measuring 4 kanals at Okara. Out of this land, it is alleged, one Bahawal purchased 2 kanals and an agreement to this effect was executed between Sharif Hussain and Bahawal Khan on 11 5 1973. Sharif Hussain died on 6 7 1973 and Bahawal Khan called upon legal heirs to complete the execution of the registered sale deed on the basis of the said agreement, but they refused. Hence the said Bahawal Khan filed a suit in the Court of Civil Judge, Okara, on 27 2 1978 impleading respondent No. 2 as one of the defendants, being the legal heir of Sharif Hussain. In retaliation, Malik Fakhar Hussain (respondent No. 2 herein) got registered a case on 4 4 1978 under sections 468, 471 and 109, P. P. C. to the effect that the agreement dated 11 5 1973 is a forged one with a view to depriving the legal heirs of Sharif Hussain of the property. The allegation against the petitioner is that he was instrumental in the preparation of the agreement, which is a…

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