1991 PLP 1430 (MLD)

This is an application under section 561-A, Cr.P.C. for the quashment of proceedings in a case under section 380, P.P.C. titled Muhammad Ali v. Muhammad Saleh and others, pending in the Court of Resident Magistrate, Kamalia.

2. It was alleged in the complaint under section 380, P.P.C. filed by Muhammad Ali respondent, against the petitioners that they had come to his house for the purposes of arranging compromise between Adbul Ghani, the husband of Mst. Naseem Akhtar, daughter of Muhammad Saleh, petitioner No.1, and the real sister of Muhammad Ramzan and Gulzar Ahmad, petitioners Nos.2 and 3, and they stayed at night in the house of the complainant and while leaving took away Rs.5,000, one wrist watch and one tape-recorder from his house. It may be noted here that the petitioners live in Lahore whereas Muhammad Ali, respondent/complainant, lives in Tehsil Kamalia, District Toba Tek Singh. Mst. Naseem Akthar, the daughter of the petitioner No.1, has filed two suits against her husband Abdul Ghani, the resident of Tehsil Kamalia, one for the dissolution of marriage and the other for the recovery of dowry before the Judge Family Court, Lahore.

3. The learned counsel for the petitioners submitted that a false case was filed in another district against the petitioners to pressurize them to get the suits filed by Mst. Naseem Akhtar against her husband Abdul Ghani withdrawn. The learned counsel for the complainant has tried to support the complaint.

4. I have considered the matter carefully. The allegations that the petitioners, father and brothers of Mst. Naseem Akhtar, had come from Lahore to Kamalia and took away the cash and wrist watch etc. while leaving the house of the complainant, on the face of it appears to be false and mala fide. Admittedly, the suits filed by Mst. Naseem Akhtar against Abdul Ghani were pending at Lahore. So the contention of the learned counsel for the petitioners that the complaint was filed in another district simply to pressurize for the withdrawal of the suits filed by Mst. Naseem Akhtar, is in consonance with the probabilities and fits with the circumstances of the case. I am convinced that the proceedings against the petitioners amount to an abuse of the process of the Court.

5. For what has been said above, this application is accepted and the proceedings in the complaint under section 380, P.P.C. pending against the petitioners in the Court of Resident Magistrate, Kamalia, are quashed. N.H.Q./M-2903/L Proceedings quashed.