1. ' Applicant seeks abashment of proceedings under sections 107 and 117, Cr.P.C. Initiated against applicant in the Court of learned S.D.M., Arambagh Karachi South.
2. ' The brief facts of the case of prosecution are that report was lodged by S.-1. Shaukat Awan of Police Station Kharadar, Karachi, to the effect that applicant and one Yousuf son of Haji Muhammad were on disputed terms over the matter of shop and usually quarrel and abuse each other. They also gave an application in writing as such proceedings under sections 107 and 117, Cr.P.C. Were initiated against both of them finding an apprehension of breach of peace. The same were challenged before the Court of respondent No,2. Thereafter, an order under section 112, Cr.P.C.
3. Was passed on 17th of November, 1997 and the applicant was remanded to judicial custody.
4. It is contended by Mr. Ch. A. Rashid, learned counsel for the applicant, that in fact there happens a dispute over the purchase of shop in between the applicant and the above Yousuf and basically it is a case of civil nature and taking of these proceedings against the applicant is not justified.
5. According to him the applicant was arrested on 15-11-1997, whereas order under section 112, Cr.P.C.
6. Was passed on 17-11-1997 and no reason has been shown as to why it was delayed for two days as such his remand to judicial custody is illegal. He next contended that even otherwise the parties have compromised and there exists no dispute in between them.
7. ' Mr. Ghulam Mustafa Lakho, learned counsel for the State, concedes and raises no objection to the abashment of proceedings.
8. ' Accordingly, the proceedings pending against the applicant before the Court of learned S.D.M., Arambagh, Karachi South are quashed and Criminal Miscellaneous Application No,417 of 1997 is