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1993 MLD 1390

Mrs. SHABANA CHAUDHRY vs THE S.H.O. and others

Citation1993 MLD 1390
CourtLahore High Court
Case No.Writ Petition No,10550 of 1992
Date1992-11-10
Judge(s)Munir A. Sheikh
ResultPetition accepted

' In this Constitutional petition Mrs. Shabana Chaudhry the petitioner has prayed for quashment of case F.I.R. No,345 registered on 29-7-1991 at Police Station Alama Iqbal Town, Lahore on the complaint of respondent No,3 under section 406/420/468/471, P.P.C.

2. Respondent No,3 is represented by Mr. Muhammad Ahsan Lone, Advocate, whereas respondents Nos.1, 2 and 4 are represented by Rana Muhammad Arshad, learned Additional Advocate-General, Punjab. Both the learned counsel appearing for the respondents have frankly conceded that the case as made out in the F.I.R. being that of civil nature and that Hakam Ali Chaudhry having been compensated therefore, no useful purpose shall be served if in the said case the trial takes place.

Hakam Ali Chaudhry has also appeared in person who states that he has received his amount of rS,8,34,000 and has no grievance whatsoever in this respect. A photostat copy of his Identity Card No,270-89-081509 has been placed on the record. Respondent No,3 has also filed an application that he has no objection if the case is quashed.

3. I have examined the F.I.R. according to which there was some dispute between Hakam Ali Chaudhry and Dr. Shahid Chaudhry to whom the former paid an amount of rS,30,000 through cheque. Respondent No,3 who was friend of Hakam Ali Chaudhry acted as mediator in order to settle the matter between them. According to the allegations of respondent No,3 Dr: Shahid Chaudhry took plea before the A.S.P. to whom the inquiry was entrusted, that he had paid back the said amount to Hakam Ali Chaudhry through him through a receipt on which respondent No,3 got a case F.I.R. No,345 registered under section 406/420/468/471, P.P.C. the quashment of which has been sought.

4. Since the parties have settled the matter through compromise according to which Hakam Ali Chaudhry has been paid the said amount and he has expressed his full satisfaction, if further investigation and the trial in the said case is allowed the same shall be of no useful purpose. The dispute also prima facie appears to be a civil nature.

5. This writ petition is accepted. Case F.I.R. No,345 registered under section 406/420/468/471, P.P.C. is quashed. There will be no order as to costs.

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