MUNIR A SHEIKH, J.- In this petition under Section 561-A Cr.P.C, the petitioner has prayed for quashment of complaint case under Sections 420/406 PPC titled "Muhammad Sharif Vs. Noor Muhammad" pending in the Court of Mr. Muhammad Aslam Khan, MIC Gojra on the ground that the same, apart from being false case also amounted to abuse of process of criminal law. '
2. I have gone through the allegations as made in the complaint by the respondent, the certified copy of which has been attached with this petition. According to him the respondent about 4/5 years before settled in Chak No. 641/TDA which was near to the Chak of the present petitioner where he was residing. According to him Hazoor Bakhsh brother of the present petitioner was serving as Tractor Driver with the respondent on account of which he developed intimacy and visiting terms with the present petitioner. He goes on saying that the present petitioner also got land measuring 20 acres jointly with the petitioner on account of which the relations were further developed. About 4/5 years before according to the respondent he came back to his native village i.e. Chak No. 277/GB and started cultivation of land where the present petitioner had been visiting him.
3. According to the case of the respondent as made out in the complaint the present petitioner persuaded him to advance him an amount of Rs. 24,000/- on the ground that he was to purchase a Tractor of the value of Rs. 72,000/- and the share of the complainant in the said Tractor would be l/3rd and they would jointly run business and would also bring under cultivation uncultivated land at Muzaffargarh and the share of the complainant in the profits would also be l/3rd. According to his allegations the petitioner did not purchase the Tractor and inspite of demands through punchayet he did not return the amount and instead has got criminal case registered against the family member of the complainant.
4. Learned counsel for the respondent/complainant did not deny the fact that the petitioner on 2.2.1991 got a case registered against the son of respondent for abduction of Mst. Amir Bibi sister of the petitioner under Sections 10/16 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 through FIR No. 14/91. The respondent /complainant filed W.P.No. 1388/91 in which he prayed that a case be registered against the present petitioner that he had murdered his said son Manzoor Hussain. This writ petition was dismissed through order dated 30.6.1991. Though in the complaint the respondent has specifically asserted that the present petitioner instead of returning the said amount of Rs. 24,000/- had got a case registered against his family members but admittedly in the said writ petition filed by him against the petitioner nothing was stated in this regard. If the said criminal case was got registered by the petitioner against the son of the respondent/complainant as alleged in the complaint instead of returning this amount, the respondent or his son would have promptly made such an allegation seeking quashment of the said case. After having failed to get an order for registration of case for the alleged murder of the son of the respondent/complainant in W.P.No. 1388/91 from this Court the respondent filed the complaint on 30.7.1991.I am convinced that the complaint was filed with mala fide intention and to pressurise the petitioner to desist from prosecuting the said criminal case registered against the son of the respondent at the instance of the petitioner. Even otherwise the allegations as made in the complaint even if taken as they are, make out a case of civil liability. It has been alleged by the respondent in the complaint that he had been trying to get back the money through Punchayat and after the petitioner had refused to pay him the said amount he filed the complaint. The initiation of criminal proceedings in such circumstances amounts to enforcing civil liability through criminal process which is nothing but abuse of process of law. This application is accepted. The complaint case titled "Muhammad Shafi Vs. Noor Muhammad" at present pending in the Court of Mr: Muhammad Aslam Khan MIC Gojra is hereby quashed. The respondent may seek remedy if he is so advised, for the recovery of the disputed amount through the suit, which if filed, shall be decided on its own merits.