' Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan the petitioner seeks quashment of F.I.R. No,550 dated 31-10-2001 under sections 420/468/471, P.P.C. Registered at Police Station Defence, Lahore on the application of Mirza Imran Baig, complainant/respondent No,3.
2. Brief allegation levelled in the F.I.R. Are that the complainant who is resident of 103/1-R, DHA, Lahore had contacted the petitioner for having on rent her house situate in Cantt. On monthly rent basis. The monthly rent was settled at Rs,22,000. This house was being taken out on rent for residential purpose. , The complainant claimed that he paid an amount of Rs,1,87,000 as advance amount of six months along with the security. Some repair was to be done by the petitioner before delivering the possession. But in order to avoid the petitioner instead of one lease agreement got prepared two lease agreements amounting to Rs,11,000 each and asked the complainant to sign the same and complainant refused to sign the same. Subsequently these agreements were presented through some property dealer and other staff members of Askari Estates. Even then the complainant refused to sign them. On the other hand the complainant demanded for the return of his money. The complainant claims that as a- consequence he has mortgaged this, house of his own and started living there under the impression that till such time his amount is not returned, the' house will remain in his possession. The complainant further stated in the F.I.R. That later on he came to know that Mst. Zara has got affixed his fictitious signatures on the said agreements including signatures of the two witnesses. These agreements were produced in the Court claiming them to be genuine and then the complainant came to know about this fraud. It is stated that due .To this act reputation of the complainant has been badly affected.
4. Learned counsel for the petitioner contends that house is in the possession of the respondent No,3 for the last 1-1/2 years but he has only paid the rent for six months and is living there without the payment of rent for the last 12 months and even is demanding the amount of Rs,1,70,000 which was advanced by him for living in the said house as rent for six months whereas this case has been lodged with mala fide intention and ulterior motive after the filing of the eviction petition by the petitioner in the Court of Rent Controller. On 18-8-2001 notice whereof was issued to the complainant and after the receipt thereof this case has been registered which is abuse of process of law and sheer mala fides including interference by this Court in its Constitutional jurisdiction thereby quashing the same. He further contends that F.I.R. Has been lodged after 15 months of the lease agreement. He further contends that F.I.R. Has been lodged after 2-1/2 months of the eviction petition. It is further contended that the dispute is of civil nature which the respondent has converted into criminal offence and petitioner is housewife landlady and a respectable woman whereas conduct of respondent No,3 is self-contradictory as agreement was in the benefit of the respondent No,3 but he himself is intentionally avoiding the execution of the same in order to forcibly retain the possession. It is further contended that F.I.R. Has been lodged with a view to damage the reputation of the petitioner in the eyes of public at large.
5. Learned counsel for the respondent No,3 contends that writ petition is not maintainable as there is no material on the record for the quashmeht of the F.I.R. And interference in the matter. It is further contended that the writ petition is only competent when there is violation of any law and rules infringing fundamental rights of the citizens and no mala fides has been lodged against the police in the writ petition which has been filed on behalf of the petitioner by Muhammad Iqbal who is a driver. It is further contended that copy of the ejectment petition was received by him on 17-10- 2001 whereas the F.I.R. Was lodged on 31-10-2001 because respondent No,3 was out of Lahore. It is further contended that adequate remedy is available to the petitioner and even after the investigation if the police finds that case false proceedings under section 182, P.P.C. Can be initiated against the complainant. It is fu ther contended that the petitioner is not. Appearing before the police thus cannot be given right of audience and without investigation it cannot be - ascertained whether the F.I.R. Is lodged with mala fide intention or is based on true facts for which prosecution cannot be strangulated to collect the evidence as even the averments contained in the writ petition do not find mention that respondent No,3 had signed the papers whereas the marginal witnesses have stated that they did not sign the said agreement. It is further contended that no extraordinary relief under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 can be granted to fraudulent person as factual controversies are involved. It is further contended that certified copy of the report of the hand writing expert produced on record shows that signatures are forged one and though mala fides of the complainant are alleged but no mala fides is alleged against the police hence F.I.R. Cannot be quashed in writ jurisdiction.
6. I have heard the arguments of the learned counsel for the parties and also perused the documents attached with this petition. It is admitted position that eviction petition was filed by the petitioner before the Court on 18-8-2001 in which notice was issued. The same was received by the respondent No,3 and in retaliation this case has been got lodged against the petitioner that signatures of the respondent have been forged by the petitioner. The documents alleged to be forged in this F.I.R., the veracity thereof is to be determined by the Rent Controller as well as they are also the subject-matter of the ejectment petition which is pending before the Court of competent jurisdiction. Both the parties) herein and in the said petition are same. Registration of the criminal case after receiving of notice of the petition filed for the eviction of the respondent No,3 seems to be with mala fide intention and with ulterior motive as respondent No,3 in the F.I.R. Himself has admitted that he is in possession of the house for the lasu more than 1-V2 years and has not paid the rent after payment which was advance at the time of taking of possession of the house. In order to retain the possession seems this F.I.R. Has been lodged with mala fide intention and with ulterior motive against the landlady who is house-wife to injure her reputation and pressurize her not to seek remedies for the eviction of the respondent who is in possession without the payment of any rent of the premises admittedly on lease with him. It also seems to be an attempt to pressurize the petitioner to withdraw from pursuing the eviction petition against him and for her entry to Pakistan in order to agitate the matter before the relevant forums against respondent No,3 who has grabed the property of the petitioner. Admittedly respondent No,3 is in possession of the premises without any reason. On the one hand respondent No,3 claims himself to be tenant but on the other hand he has challenged the lease agreements to be forged documents. The mala fides of the police in this case can also be gathered as from the bare perusal of the contents of the F.I.R.
Prima facie, no case is made but depict mala fides of complainant and even then the police has lodged the F.I.R. And is after the petitioner to arrest her in this case. The conduct of the police is that the case has been registered without the proper permission for the registration of the case under sections 468/471, P.P.C. Being non cognizable offence but Offence under section 420, P.P.C. Which on the face of it is not made out has been impleaded only to make it a case of cognizable offence.
This Court can inter ere in suitable cases under Article 199 of the Constitution of the Islamic Republic of Pakistan where the registration of the F.I.R. Is with mala fide intention or with ulterior motive and the matter is prejudice before the Court of competent jurisdiction regarding the ,same subject-matter. It is well-settled law that Court can quash the F.I.R. Or stay the investigation till the finalizing of the matter pending before the civil Court/Rent Controller. The cases relied upon by the learned counsel for the respondent. No,3 are distinguishable from the facts of this case and not a single case has been referred by the counsel for the respondent to retain the possession in such a manner when no payment was being made to, the owner as rent of the house and the case was lodged.. In such circumstances when the civil proceedings are pending before the Court from the above discussion I have no option except to exercise my discretion under Article 199 of the Constitution of Islamic Republic of Pakistan and hold that F.I.R. No,550 of 2001 has been lodged with mala fide intention and ulterior motive not only on the part of the complainant but also on the part of the police. The pendency of the same is sheer abuse of process of law and misuse of authority by the public functionaries as well hence the F.I.R. No,550 of 2001 is quashed by accepting this petition.
F.I.R. Quashed.