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Criminal Miscellaneous, Application No. 56 of 1975, decided on 24th January 1977.
--S. 561‑A‑‑Quashment of proceedings‑Suit of wife for dissolution of marriage decreed ex parte but same restored on application of res pondent husband--‑Within 14 days complaint made against applicants by respondent husband in another Province for abduction of wife and robbing of money while complainant was taking his wife to his house‑‑ Narration of events, held, a tissue of lies, in circumstances‑Proceed ings quashed.‑[Quashment of proceedings].
Azizullah K. Shaikh for Applicants.
Abdullah Chandio (absent) for Respondent No. 1.
A. K. Lakhan for the State.
Date of hearing: 24th January 1977.
The circumstances in which this application for quashment of the proceedings pending against the applicants have been filed are as follows:
2. The respondent No. 1 was married to one Mst. Fatima. It appears that she had filed a suit for the dissolution of her marriage with the said Yar Muhammad, which was pending before the Family Court, Dera Ghazi Khan, and an ex parte order was passed. On 2‑9‑1974, the said Yar Muhammad filed an application for setting aside the ex parte decree, and the same was done on 5‑9‑1974. On 19.9‑1974, a complaint was filed by Yar Muhammad in the Court of the Civil. Judge and First Class Magistrate, Thul, mentioning herein that his wife, namely Mst. Fatima, had been abducted away by the present applicants, and that he had beau robbed of certain cash and a watch. The learned Civil Judge registered a case for offences under sections 366, 395 and 397, P. P. C. The applicants have come for the quashment of the complaint in question.
3. The above facts have been mentioned to make matters clear. The suit for the dissolution of marriage was pending in District Dera Ghazi Khan and the respondent No. 1 had filed the application for the setting aside of the ex parte decree, mentioning therein specifically that he was residing in the said district. Within fourteen days thereafter the present proceedings wet filed in altogether a different Province, and the recital in the complaint is that he had been living with his wife, Mst. Fatima, in village Bachero, Taluk Thul in the district of Jacobabad, and that she had been abducted away while r she was going with him to the town. The narration of events shows that it was all a tissue of lies, and that the existence of the case is a clear‑cut abuse of the process of the Court. Mr. A. K. Lakhan, who is appearing on behalf of the State, supports the contention of Mr. Azizullah K. Shaikh. The respondent No. 1 has not cared to appear, or, contest the matter. The pro ceedings, pending against the applicants before the Civil Judge and First Class Magistrate, Thul, for offences under sections 366, 395 read with section 397, P. P. C., the record whereof is here, are quashed. The applicants had furnished bail, bonds before the Civil Judge and First Class Magistrate, Thul, and the same stand cancelled.
Proceedings quashed
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