1995 P Cr (PLP)

Muhammad Latif Khokhar for Respondent No.2. Date of hearing: 12th June, 1995. Claiming that Mst. Hajran Mai daughter of Ghulam Sarwar respondent No.2 was his wife on the basis of Nikah, dated 8-4-1994, Abdul Hameed petitioner filed his suit on 22-8-1994 to obtain a decree for restitution of conjugal rights. Thereafter on 26-9-1994 Mst. Maryyum Mai brought a suit to obtain a decree for jantition of marriage against Abdul Hameed petitioner Thereafter Ghularn Sarwar got recorded F.I.R. No.203, dated 15-10-1994 at Police Station Galay Wal, Multan under section 419/467/468, P.P.C. with the allegation that Abdul Hameed petitioner and others prepared the forged document of Nikahnama and that in fact no Nikah of Mst. Maryyum Mai was performed with Abdul Hameed petitioner. This criminal case was registered on the basis of order dated 5-10-1994 passed by this Court.

2. Now expressing that the criminal case has been got registered against, him to put the pressure upon him; Abdul Hameed petitioner has ailed this application for the quashment of the aforesaid. F.I.R. No.203/94 registered at Police Station Galay Wal Multan According to the petitioner the criminal case desired to be quashed was the outcome of mala fides.

3. This petition has been resisted by Ghulam Sarwar respondent No.2.

4. I have heard the learned counsel for the parties and gone through the record before me. The main contention of the learned counsel for Abdul Hameed petitioner is that in the suit for jactitation of marriage filed by Mst. Maryyum Mai and in the other suit brought by Abdul Hameed petitioner to obtain a decree for restitution of conjugal rights the common issue which has to be disposed of by the Judge, Family Court is as to whether or not Mst. Maryyum Mai is the legally-wedded wife of Abdul Hameed petitioner. Relying on the dictum enunciated in Mst. Shabab Akhtar v. Zahid Hussain 1986 PCr.LJ 2174 learned counsel for the petitioner laid the emphasis that it is necessary to stay criminal proceedings till disposal of crags-suits which are pending between Abdul Hameed and Mst. Maryyum Mai. On the contrary the contention of the learned counsel for Ghulam Sarwar respondent No.2 is that in view of the criminality of Abdul Hameed petitioner alleged in the F.I.R. desired to be quashed the criminal proceedings can continue. In my view the assertion raised by the learned counsel for Abdul Hameed petitioner-accused must prevail. Mst. Maryyum Mai has instituted a suit for jactitation of marriage while Abdul Hameed has brought a suit to obtain a decree for restitution of conjugal rights. The Nikahnama is a document for the ground of attack in the suit for restitution of conjugal rights instituted by Abdul Hameed while the defence of Mst. Maryyum Mai is that the Nikahnama is forged and fictitious and on the; basis of this assertion she has instituted the suit for jactitation of marriage. I have to express my view that the Civil Court/Family Court was proper forum for determination of civil rights between the parties which revolve around their alleged matrimonial relations which have been denied by Mst. Maryyum Mai through the bringing of suit for jactitation of marriage. Same fact is to' be determined in the criminal proceedings initiated at the instance of Ghulam Sarwar against Abdul Hameed petitioner by reporting the matter to the Police, Police Station Galay Wal where F.I.R. No.203/94 was registered. The dispute in the civil and criminal matters is directly and substantially the same: As expressed above the dispute has to be disposed 'of by the Civil Court/Family court and thus it is necessary that the criminal proceedings be stayed till the final disposal of the cross-suits which are pending between the parties on the civil side.

5. I, therefore, accept this petition and stay the criminal proceedings arising out of F.I:R. No.203, dated 15-10-1994 registered at Police Station Galay Wal, District Multan under section 419/467/468, P.P.C. pending the final disposal of the civil litigation between the parties. N.H.Q./A-872/L Proceedings stayed.