1977 P Cr (PLP)

S. 561‑A‑Quashment of proceedings‑Contention that petitioner could not be summoned as accused for an offence under S. 354, P. P. C. on allegation of outraging modesty of his own wife-- Question whether petitioner pulled complainant by hair under bona fide belief that marriage between them subsisted and she was still his wife, yet to b.; looked into at trial‑Petition for quashment of proceedings, held, premature and refused, in circum stances.‑[Quashment of proceedings]. Awan Muhammad Hanif Khan for Petitioners. Raja Muhammad Safdar for the State. Date of hearing : 14th June 1976. Nawab Din, Maqbool, Ali Muhammad petitioners have applied for the quashment of the proceedings pending against them before a local Magistrate for the offences under section 148/354/506/366/511, P. P. C. read with sec tion 149, P. P. C. on the complaint of Mst. Maqboolan. 2. Through a private complaint, Mst. Maqboolan, complainant has prosecuted her ex‑husband Ashiq, her father Nawab, her brother Maqbool and her real uncle Ali Muhammad for the aforementioned offences. She has alleged that Ashiq Ali came to the tube‑well where she was washing clothes. He held her by the hair while the remaining accused threatened her at pistol point to accompany Ashiq or they would kill her. On her alarm many people reached the spot, upon which the accused left her. 3. Learned counsel for the petitioners conceded that the trial Court did not summon the accused for the offence of abduction and said that they have been summoned for the offences under section 148/354, P. P. C. read with section 149, P. P. C. He further argued that complainant's father, brother and uncle could not be said to have intended to outrage her modesty. In the allegations, I find that it is Ashiq Ali, who was said to have pulled her by the hair while the remaining accused were alleged to have pointed the pistol a her. Whether they were the abetters is a question to be determined after evidence in the case is recorded. It was next contended that Ashiq Ali did not know that Mst. Maqboolan had obtained a decree for the dissolution of her marriage, and if Ashiq Ali was taking her away in the belief that she was still his wife and he had dragged her to some distance it would not be an offence for him. Normally, a husband may have the right to take his wife with him and in doing so to what extent he can put her under a restraint is a question to be determined after evidence in the case is recorded. Since it is premature for this Court to consider these circumstances, this petition is, therefore, dismissed. Petition dismissed.