2012 YLR 2244 (PLP)

SYED MUHAMMAD KAZIM RAZA SHAMSI, J.

Through the instant Constitutional petition, the petitioner prays for quashment of F.I.R. No.82 of 2011 dated 10-5-2011 registered under sec-tions 420, 468, 471, P.P.C. with Police Station Mankera District Bhakkar.

2. According to the facts of the case, one Mst. Sughra Bibi had agreed to sell her landed property to one Muhammad Zubair Khan but she did not honour the agreement whereupon a suit for specific performance was filed in the learned Civil Court where the same was dismissed and the matter is now pending in this court vide R.F.A. No.466 of 2011. It is the case of the petitioner that the lady again sold about 80-Kanals of land to one Abdul Sattar Khan who got a direction from the learned Additional Sessions Judge/Ex-Officio Justice of Peace for registration of case against the petitioner and consequently F.I.R. No.82 of 2011 dated 10-5-2011, stood registered against the petitioner and others. It is the contention of the learned counsel for the petitioner that the disputed F.I.R. is based upon mala fide of the complainant of the same as the petitioner party is the prior purchaser of land in dispute from Mst. Sughran Bibi.

3. The learned Law Officer assisted by Zafar, A.S.-I. pointed out that Challan in the case has been submitted in the court, as such the petitioner may avail his legal remedy before the learned trial Court. The learned counsel for the petitioner facing with this situation while relying upon the case reported as "Akhlaq Hussain Kayani v. Zafar Lobal Kiyani and others" (2010 SCMR 1835) submitted that in such like situation, proceedings in the criminal matter has been advised to be stayed till decision of civil matter.

4. After examining the contentions of the learned counsel for the parties as well as the case law cited at the bar, there is no cavil to the proposition that a proposed action in the F.I.R. under dispute is dependent upon the result of the decision of the suit filed by the petitioner for specific performance of an agreement to sell. Till the decision of that suit, further proceedings in the Challan case would be abuse of process of law and wastage of public time, as such, keeping in view the guidance provided in the case of Akhlaq Hussain supra, the proceedings in the Challan submitted in case F.I.R. No.82 of 2011 dated 10-5-2011 registered under sections 420, 468, 471, P.P.C. with Police Station Mankera District Bhakkar are stayed till the decision of Regular First Appeal pending in this court. After decision of the appeal, the parties shall be at liberty to seek restoration of the proceedings in the above said F.I.R.

5. In view of the above, the petition stands disposed of in the light of observations made in the judgments. NHQ/I-18/L Order accordingly.