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Criminal Miscellaneous Application No. 317 of 1975, decided on 12th May 1976.
-- S. 561-A read with Penal Code (XLV of 1860), S. 420-Cheat ing-Quashment of proceedings- Respondent allegation to have paid money to applicant as well as to his co-accused for hand of girl turning out to be a divorcee-Respondent ors his own showing advancing money even after knowing full well that girl was a divorcee-Facts stated in complaint unusual and possibility of complaint being false, not excluded-Proceedings quashed, in circumstances. -[Quashment of proceedings-Cheating],
Muhammad Ibrahim Memon for Applicant.
Nemo for Respondents.
Date of hearing: 12th May 1976.
This is a petition under section 561-A, Cr. P. C. for quashing, he proceedings of a criminal case started on a direct complaint for offered under section 420, P. P. C. in the Court of Civil Judge & F. C. M., Thatta.
2. The facts as stated In the complaint in brief are that the complainant respondent No. 1 was approached by applicant Moulvi Muhammad Ashraf of Rehri, Karachi at the residence of the complainant at village Taj Muhammad Soomro, Taluka Thatta, and it was represented that there was a girl who could be married to the complainant. The complainant went and saw the girl and later on he paid Rs. 400 to applicant Moulvi Muhammad Ashraf and Rs. 2,000 to Ismail Makrani. Thereafter he came to know that the girl Mst. Safooran was a divorcee and had not completed the iddat period but he paid Rs. 1,000 more to the Makranis. Afterwards they refused to marry the girl and hence he filed this complaint.
3. It is the case of the petitioner Moulvi Muhammad Ashraf that ht. Is a religious teacher at Rehri near Karachi and he has dispute with the complainant over a piece of land at Thatta. That he has, therefore, been implicated in a false case.
4. It has been argued by Mr. M. Ibrahim Memon that the complainant on the face of it does not disclose a criminal offence of cheating; that it was tire case of the complainant that he had paid the money even after he was told that the girl was already married and had then been divorced.
5. It is rather unusual for a Moulvi teaching at Rehri to go all the way to Thatta to represent to a person that there was a girl who was available for marriage with some Makranis. The complainant is a Soomro the Moulvi is a Khaskheli while the girl is a Makrani. The petitioner Moulvi has stated that he has no connection whatsoever and does not even know the two other accused joined with him.
6. Considering the facts and circumstances of the case I am inclined to agree with the contention of the learned Advocate for the petitioner that on the face of the; complaint no criminal offence appears to have been made out. On the other hand the facts stated in the complaint are so unusual that the possibility of the complaint being false cannot be excluded. The continuation of this trial would accordingly amount to an abuse of process of the Court. On these considerations the petition is accepted and the proceedings are quashed.
Petition allowed.
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