PLD 2024 Peshawar 35
GUL ZADA versus HAZRAT GUL and others
Cr.M.Q.P. No. 54-M of 2017
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.
Dispute as defined in S. 145 , Cr.P.C. should be of such a nature , which may likely cause breach of peace and in absence of such apprehension of breach of peace , Magistrate lacks jurisdiction to entertain proceedings .
Dispute , settlement of --- Principle --- Settlement of disputes relating to property , which are not likely to lead to breach of peace is within the exclusive jurisdiction of Civil Court - Jurisdiction of Criminal Court cannot be invoked except on the ground of likelihood of a breach of peace .
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