Abida Siddique vs State Ss — 2025 PCrLJ 1798 LAHORE-HIGH-COURT-LAHORE

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Abida Siddique VS State Ss. 420, 467, 468 & 471---Prevention of Corruption act (II of 1947), S. 5---Cheating and dishonestly inducing someone to deliver property, forgery for valuable security, forgery for the purpose of cheating, use of a forged document as genuine, public servant committing or attempting to commit criminal misconduct---Civil suit, filing of---Stay of criminal proceedings---Scope---Petition filed by the accused-petitioner for the stay of criminal proceedings was declined---Validity---First Information Report was chalked out with the allegation that accused persons-petitioners, in connivance with each other, prepared a forged and fictitious Nikah Nama showing petitioner as wife of his deceased father in order to grab properties left by his deceased father---There was no bar to the simultaneous institution of both civil as well as criminal proceedings regarding the same matter---Where criminal liability was dependent upon or connected with the result of civil proceedings and it was difficult to draw a line between a bona fide claim and criminal act alleged, the Trial Court might postpone the criminal proceedings till the conclusion of civil proceedings---Court should exercise the discretion in that regard keeping in view the circumstances of the case---Court should see as to whether the accused was likely to be prejudiced in case criminal proceedings were not stayed---Said Nikah Nama was subject matter of civil litigation between the parties---Genuineness or otherwise of the Nikah Nama had to be determined by the Civil Court, as such fate of the criminal case depended upon the fate of civil cases, therefore, propriety demanded that the Trial Court should not finalize the proceedings till the disposal of the civil/family cases between the parties---Thus, Trial Court shall continue the proceedings, but shall not dispose of the case finally before the decision of the family/civil cases between the parties in order to avoid the chance of conflicting judgments---Petition was allowed, in circumstances.

Abida Siddique vs State Ss — 2025 PCrLJ 1798 LAHORE-HIGH-COURT-LAHORE

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