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Criminal Miscellaneous Application No. 100 of 1971, decided on 29th November 1971.
---S. 561-A-Quashment of proceedings-Criminal complaint filed by husband against wife and her relations alleging stealthily taking away by accused of his cask and ornaments to their village situated in another province ---Wife found to have instituted suit for dissolution of marriage in -her home district-Complainant's allegation of taking away his wife and property by accused only a fortnight after marriage solemnisation inconceivable--False case, held, filed to hams accused-Proceedings quashed Penal Code (XL 4' of 1860), Ss. 498, 380, 114 and 120.
Dildar (absent) for Applicant.
Nemo for Respondent No. 1.
Muhammad Ilyas Khan for A: G. for Respondent.
Date of hearing: 29th November 1971.
This is an application under section 561-A, Cr. P. C. to quash the proceedings pending against the applicant under sections 49&, 350, 114 and 120, P. P. C. in the Court of the Additional District Magistrate, Jacobabad. Tae applicant is wife of Nazir Ahmed. Their marriage had taken place in a village situated in District Gujrat in the former part of the Province of Punjab. Nazir Ahmed had filed a complaint at Jacobabad, alleging that he and his wife were living at. Jacobabad with his brother and about 10/ 12 days after the marriage 7 persons out of them were three ladies came to Jacobabad froze their village in Gujrat District and stayed with him for the night. He further alleged that in the morning he went away for his labour and when he returned home in the evening he found his wife as well as those 7 persons missing. . They had also taken away cash of Rs. 2,000 and orna ments worth Rs. 2,850. Process was issued. Search warrant was also issued against the applicant and she was produced before the learned Magistrate who after recording her statement observed that since she was an accused person no search warrant could be issued against her. She was, therefore released. Subsequently) the present revision application has been filed alleging that the suit had been filed at Gujrat for dissolution of marriage and as counterblast the complaint was filed at Jacobabad in order harass the applicant and her relations and force them to comet settlement.
2. The applicant as well as the respondent Nazir Ahmed arc absent while I have beard the learned counsel for the State who has supported the application and pointed out that it was a fit case for quashing the proceedings. I entirely aggee with him.
The parties are residents of Gujrat District. It as not disputed that a suit for dissolution of marriage had been filed at Gujrat. Consequently a false case was filed at Jacobabad in order to harass the applicant and her relations. It is inconceivable that about a fortnight after the marriage 7 persons including 2 ladies went to Jacobabad and took away the property and the wife of the complainant. Apparently the entertainment of the complaint of this nature is an abuse of the process of the Court. I, there fore, allow the application and quash the proceedings against all the accused.
Proceedings quashed.
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