Through this writ petition, quashment of FIR No, 730, registered with Police Station Civil Lines, Gujranwala on 05.12.2008, under Sections 420/468/471, PPC is sought on the ground that document in question was executed at Wazirabad while FIR was registered at Police Station Civil Lines, Gujranwala; that the property was also situate at Wazirabad and that the agreement to sell was based on facts of which authenticity could be tested in the Civil Court.
2. Heard. According to FIR, the allegation is that the accused petitioner had prepared a forged document to deprive the complainant from his proper% Further, that the complainant neither purchased the stamp paper nor had executed the agreement and that he was deprived of a valuable property mala fide and through a considered fraud. The stamp paper attached was apparently purchased through one Shahid Rasool, son of the complainant. The complainant has been shown to have entered into an agreement to sell his property whereas he emphatically denied the agreement to sell and as per the allegations it is forged document fabricated on his behalf and his signatures were forged. These facts reveal that it is a matter of factual controversy.
This Court in writ jurisdiction cannot examine the genuineness or otherwise, of the said agreement to sell. The petitioner has an alternate remedy to file an application under Section 249-A, Cr.P.C. to the trial Court on proper showings. It, therefore, cannot be said that the accused petitioner has no adequate or alternative remedy. As observed above, the contents of the FIR, prima facie, make out a case of disputed questions of fact requiring evidence for and against. The genuineness or otherwise of the document in question cannot be deeply gone into at this stage. Quashing the FIR would tantamount to short-circuit and deflect the normal procedure of the Cr.P.C. There is no bar to initiate civil and criminal proceedings simultaneously because both are different in origin, in character and in results. There is no dearth of authority on the above points. 2006 SCM R 276 is a direct authority on the above question. This writ petition is not maintainable and is dismissed as such.