Law:

Section:

Criminal Procedure Code (V of 1898)­ -- S. 561-A---Quashment of proceedings-Civil proceedings starting between parties before commencement of criminal proceedings between them--Subject-matter of civil proceedings same as alleged in criminal proceedings-Subject-matter pending before civil Court requiring determination and naturally relevant so far as criminal proceedings concerned--Quashment of criminal proceedings declined, in circumstances. Muhammad Akbar v. The State and another P L D 1968 S C 281 and Syed Muhammad Ahmad v. The State 1972 S C M R 85 ref. ORDERS [11-5-1281].--Learned counsel for the petitioners has impleaded Muhammad Ashraf, son of Rashid Ahmad, Caste Arain, resident of Mandi Pattoki, at present, resident of Faizpur Khurd, Police Station Ferozewala, District Sheikhupura, as respondent. Muhammad Ashraf respondent is real brother of petitioner Nos. 1 and 4, cousin of petitioner. No. 2 and sala of petitioner No. 3. The background is that there was some land belonging to Muhammad Ashraf respondent about which it is alleged that agreement to sell was made by Muhammad Ashraf respondent in favour of petitioner No. 1 and on which petitioners Nos. 2 and 3 were signatories and it was made in the house of petitioner No. 4. Muhammad Asbraf respondent's allegation is that hiss signatures had been forged on the said document and he was never party to the same. On the other hand, the petitioners' allegation is that Muhammad Ashraf respondent bad signed the said agreement to sell in favour of petitioner No. 1. In this background petitioner No. 1 had filed a civil suit for specific performance as against Muhammad Ashraf respondent on 3-1-:978 which i9 at present pending in the Court of Shabbir Hussain Chattha, Civil Judge, Ferozewala. Muhammad Ashraf respondent submitted his written statement in that matter on 3-2-1978. Thereafter. Muhammad Asbraf respondent instituted a civil suit as against all the petitioners for cancellation of the disputed agreement to sell as well as permanent injunction. This suit was ,filed by him on 30-3-1978. Thereafter, in order to harass the petitioners, it is contended that Muhammad Ashraf respondent made an application to the D.…

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