Citation Name: 2024 PLD 35 PESHAWAR-HIGH-COURTBookmark this Case GUL ZADA vs HAZRAT GUL Ss

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Citation Name: 2024 PLD 35 PESHAWAR-HIGH-COURTBookmark this Case GUL ZADA VS HAZRAT GUL Ss. 145 & 561-a---Inherent jurisdiction of High Court---Quashing of complaint---Dispute concerning land etc.---assuming of jurisdiction---Pre-conditions---On complaint filed by respondent, Trial Court declined to initiate proceedings under S. 145, Cr.P.C. with regard to land in question---Respondent assailed order of Trial Court before Lower appellate Court which remanded the matter to Trial Court for decision afresh---Petitioner sought quashing of complaint filed under S. 145, Cr.P.C., with regard to land in question---Validity---Respondent/ complainant wanted that his share in land in question was to be separated and handed over to him---Complaint in question fell short of legal requirements for maintaining or proceeding with the same---Question of title or claiming share or separation of share could not be determined in proceedings under S. 145, Cr.P.C.---Such aspect of the matter was rightly appreciated by Trial Court---Proceedings under S. 145, Cr.P.C. could only be initiated if there was a dispute regarding land, water or boundaries of land but such dispute should be of such a nature which had either raised or was likely to raise apprehension of breach of peace---Such proceedings could not be initiated for establishing question of title or for separation of shares amongst joint owners---Proceedings under S. 145, Cr.P.C. could only be maintainable if rival parties claimed exclusive possession against each other and such dispute turned them inimical to each other---Proceedings under S. 145, Cr.P.C. were not maintainable where contents and language of complaint spoke of a civil dispute amongst joint owners/co-owners---High Court set aside order passed by Lower appellate Court as the matter was wrongly remanded to Trial Court---Resultantly complaint was quashed---Petition was allowed accordingly.

Citation Name: 2024 PLD 35 PESHAWAR-HIGH-COURTBookmark this Case GUL ZADA vs HAZRAT GUL Ss — 2024 PLD 35 PESHAWAR-HIGH-COURT

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