1998 P Cr (PLP)

‑‑‑‑Ss. 107, 112, 151 & 561‑A‑‑‑Quashing of proceedings‑‑‑Report of S.H.O. under S.107/151, Cr.P.C. and order passed under S.112, Cr.P.C. had shown that dispute was over matrimonial affairs and allegations against petitioners were of general nature and no specific instance with date, time and place had been shown in the report and order‑‑‑Order under S.112, Cr.P.C. was passed for one year, which period had elapsed‑‑‑Proceedings having become infructuous, proceedings under S. 107/151, Cr.P.C. were quashed, in circumstances. Aftab Ahmed Bhutto for Applicants. Bahadur Ali Baloch for the State. The brief facts of the prosecution case are that on 25‑7‑1997 S.H.O. Town Police Station Mirpurkhas filed report under section 107/151, Cr.P.C. before Mukhtiarkar and F.C.M. Mirpurkhas against the applicants alleging therein that there is matrimonial dispute between the applicants and P. Ws. as the daughter of P.W. Kabiruddin is married with one Zahid nephew of one of the applicant and applicants have issued threats of dire consequences, therefore, there is every likelihood of breach in peace and public tranquillity at their hands. Mukhtiarkar and F.C.M. Mirpurkhas on receipt of report on the very same day i.e. 25‑7‑1996 passed order under section 112, Cr.P.C. for 12 months against the applicants and directed them to execute bond in the sum of Rs.5,000 each and P.R. Bond in the like amount with a condition that surety should be solvent and able to control the activities of applicants. Applicants denied the allegations contained in order under section 112, Cr.P.C. and desired to face the enquiry. The applicants filed present application for quashment of proceedings in this Court and on 15‑8‑1996 it was admitted. Today when matter was called applicants and their counsel were absent. Mr. Bahadur Ali Baloch appearing on behalf of State has stated that the matter relates to matrimonial dispute and there is no material to attract the provisions of section 107/151, Cr.P.C. and quashment of proceedings will meet the ends of justice. On the perusal of report and impugned order under section 112, Cr.P.C. it transpired that dispute is over matrimonial affairs and allegations are of general nature and no specific instance with date, time and place has been shown in the report submitted by S.H.O. or in the order under section 112, Cr.P.C. passed by the Mukhtiarkar and F.C.M. Mirpurkhas. Moreover, order under section 112, Cr.P:C. was passed on 25‑7‑1996 for one year, and that period has elapsed, therefore, proceedings have become infructuous. For these reasons, application is allowed and proceedings under section 107/151, Cr.P.C. pending before Mukhtiarkar and F.C.M. Mirpurkhas are hereby quashed. H. B. T./S‑115/K Proceedings quashed