GUL SHER vs ADDITIONAL AND SESSIONS JUDGE/EX OFFICIO JUSTICE OF PEACE, BHOWANA S — 2023 PLD 171 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 171 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: GUL SHER vs ADDITIONAL AND SESSIONS JUDGE/EX OFFICIO JUSTICE OF PEACE, BHOWANA S
Subject matter: Criminal
Provisions referred to: S. 489-F---C; S. 24---D; S. 489-F; S. 24; F---Contract Act (IX of 1872); Contract Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GUL SHER VS ADDITIONAL AND SESSIONS JUDGE/EX OFFICIO JUSTICE OF PEACE, BHOWANA S. 489-F---Contract Act (IX of 1872), S. 24---Dishonestly issuing a cheque---Agreements void, if considerations and objects unlawful in part---Scope---Petitioner gave a cheque as a guarantee to the effect that an accused in a murder trial would give the hand of his daughter in marriage to the victim party and in the event of default the petitioner would pay the amount mentioned in cheque as penalty---Accused refused to marry his daughter as per settlement and the cheque in question also bounced---Respondent moved an application before the Ex-officio Justice of Peace contending therein that the accused was liable to be prosecuted for an offence under S. 489-F, P.P.C. and the application was accepted---Held, that the compromise was effected in terms that the accused would marry his daughter in the victim party's family and the petitioner gave cheque as security for due performance of that agreement---Panchayat had, in fact, enforced the custom of vani/swara which was not only un-Islamic but also illegal---Compromise was void ab initio---So far as the cheque was concerned, it was also void under S. 24 of the Contract Act, 1872, because the consideration therefor was unlawful and against public policy---Respondent could neither sue the petitioner on the basis thereof nor invoke S. 489-F, P.P.C. for a criminal prosecution---Constitutional petition was accepted and the impugned order was set aside.

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