1. ' This is a petition under section 561-A, Cr. P. C. For quashment of the proceedings started by Sub- Divisional Magistrate. Liaquatabad, Karachi under section 145, Cr. P. C.
2. ' The facts as stated by the learned counsel on behalf of the petitioner are that the petitioner had entered into a contract with one Ziauddin for construction of a bungalow over his plot for a sum of Rs, 45,000. The contractor received Rs, 22,000 from the petitioner and disappeared. The petitioner came to know that the actual name of the contractor was in fact Hayat Muhammad and not Ziauddin. The petitioner then filed a civil suit against the contractor for cancellation of the agreement. Meanwhile, the contractor lodged a report with the police alleging breach of the peace over the possession of the said plot.
3. ' Mrs. Salima Nasiruddin now states that the civil suit has since been decreed in her favour and the said contract has been cancelled; she has also stated that there is no trace of the said contractor.
4. The proceedings were started on 29th September 1975. The petitioner has continued to remain in possession of the plot and he has completed the construction on the plot himself. Under these circumstances, the proceedings have become infructuous and they need not be kept alive or maintained.
5. Mr. Qarni on behalf of the State concedes that since the dispute has already been adjudicated by a competent civil Court, the criminal Court hash no longer any jurisdiction to deal with the case.
6. ' The proceedings under section 145, Cr. P. C. Are accordingly hereby quashed.