1. GHULAM SARWAR KORAI, J.---Application under section 22-A(6)/B, Cr.P.C. was filed by the respondent No,2 in the Court of learned Sessions Judge/Ex-Officio Justice of Peace, Shikarpur for the registration of F.I.R. against applicant and others. The same was allowed vide order dated 16-8- 2010 and that order has been challenged by the applicant, one of the proposed accused, before this Court for quashment of the same.
2. The facts of the case are that Shafi Muhammad Shah and Mst. Shahra Zadi are disputing over the shops which are in the occupation of Shafi Muhammad Shah and respondent No,2 being his manager in recovering the rent from the tenants. The respondent No,2 alleged that on 23-6-2010 he was present in his house while at about 2-30 p.m. door of his house was knocked and when he opened the door, applicant allegedly armed with TT Pistol along with others forcibly entered in the house, attacked upon the respondent No,2, gave him lathi blows and then went into the room and broken Almirah and glasses of windows and destroyed the entire room and then made their escape on intervention of the Mohalla people.
3. Learned counsel for the applicant contended that there is dispute between Shafi Muhammad Shah and one lady Mst. Shahra Zadi therefore, Mst. Shahra Zadi tiled constitutional petition before this Court at Principal Seat, Karachi vide its No,S-382/2010 -and that petition was disposed of on 21-4- 2010 in which the official respondents were directed to protect life and liberty of the lady but in spite of this nothing was done, therefore, she filed contempt application and that is pending before this Court at Principal Seat, Karachi. He further contended that respondent No,2 is acting illegally and unlawfully at the instance of Shafi Muhammad Shah against applicant and others, otherwise the matter is in between Shafi Muhammad Shah and Mst. Shahra Zadi which is of civil in nature, therefore, parties for redressal of their grievance may approach Civil Court. He submitted that registration of F.I.R. in such circumstances has been refused by the honourable Supreme Court. He has relied upon the case of Rai Ashraf and others v. Muhammad Saleem .Bhatti and others (PLD 2010 SC 691).
4. Learned counsel for the respondent No,2 contended that S.H.O. of the Police Station is duty bound to register the F.I.R. in all circumstances and if the same is found false during investigation' then complainant is liable to be prosecuted under sections 182, 211, P.P.C. He relied upon the case of Muhammad Bashir v. Station House Officer, Okara Cantt. and others (PLD 2007 SC 539).
5. From the perusal of material placed before this Court along with Criminal Miscellaneous Application, admittedly the dispute is in between Shafi Muhammad Shah and Mst. Shahra Zadi over the shops. The respondent No,2 is the manager of Shafi Muhammad Shah while applicant is one of those who are well-wishers of Mst. Shahra Zadi. The dispute in between original parties can be resolved by the civil Court, therefore, registration of F.I.R. in the identical cases have been declined by the apex Court cited Supra, therefore, this application is allowed and order dated 16-8- 2010 passed by the learned Sessions Judge/Ex-Officio Justice of Peace, Shikarpur is quashed.