2012 PCrLJ 731 ISLAMABAD

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Mufti PERVAIZ MANZOOR VS State 2000 SCMR 122, 2005 PCr.LJ 1681, 2008 SCMR 76, PLD 1997 SC 275, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Criminal breach of trust--TERM , Pakistan Penal Code 1860--406 , Art. 199---Penal Code (XLV of 1860), S. 406---Constitutional petition---Criminal breach of trust---Quashing of F.I.R.---Complainant was tenant of petitioner, against whom eviction order had been passed by Rent Controller---Petitioner sought quashing of F.I.R. on the ground that F.I.R. was registered with mala fide intention to harass the petitioner---Validity---Contentions of complainant were nowhere accepted in civil litigation and he did not personally issue any cheque towards payment of sale and his admitted position as tenant had been decided by civil courts---F.I.R. after 4-1/2 years of alleged incident and after six months of filing of civil suit could not have been lodged---Allegations did not seem to be justified on the basis of record---High Court under Constitutional jurisdiction had ample powers to quash proceedings of a criminal case, if no offence was made out---Dispute between the parties was entirely of civil nature, which was converted into criminal proceedings with ulterior motives---Where exceptional circumstances exist, the powers under Art. 199 of the Constitution or under S.561-A, Cr.P.C. could be exercised---High Court quashed the F.I.R. registered against petitioner---Petition was allowed in circumstances.