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Criminal Miscellaneous Application No. 1202 of 1977, decided on 24th April, 1978.
---S. 561-A-Quashment of proceedings-Petitioners, father ands brothers of alleged abductee charged for offences under Ss. 365 do 344, P. P. C.-Complaint filed some three years after decree for dissolution of marriage obtained-Complaint, held, false on face of it filed obviously to harass parents and close relatives of divorced wife--Proceedings quashed, in circumstances-Penal Code (XLV of 1860), Ss. 365 & 344.
Mir Muhammad Shaikh for Petitioner.
All Bux Leghari for the State.
M. Ramzan Qureshi for Respondent No. 2.
This is an application under section 561-A, Cr. P. C. directed against the proceedings of a criminal case started on a complaint for offence under sections 365, 344, P. P. C. in the Court of A. C. M., Shahdadpur.
2. It was the case of the complainant/respondent in that complaint, that his wife, Mst. Phappi had been abducted by the accused /petitioner and his sons and one Muhammad, They also took away the gold ornaments belonging to her and she was wrongfully confined in the house of the accused and was in danger of her life.
3. As pointed out by the learned Advocate for the petitioner the accused in this complaint are the father and brothers of Mst. Phappi. She had left the house of her husband on account of maltreatment and she had gone and lived with her parents. She had filed a suit for dissolution of marriage in the Court of Civil Judge & Family Court, Tando Muhammad Khan and the suit wag decreed on 27th December, 1974. The decree shows that the defendant used to beat his wife Mst, Phappi and it was impossible for her to remain with the defendant as his wife within the limits of God. The learned Advocate on behalf of the petitioner has further pointed out that in the appeal preferred against the decree for dissolution of marriage the husband of the woman Muhammad Yousaf had stated that Mst. Phappi had left with her maternal uncle Faizul who had asked for permission to take her to attend circum cision ceremony of his sons and thereafter she was induced to obtain this divorce. The criminal complaint was filed some three years after the decree for dissolution of marriage as the order of the Magistrate is dated 14th December, 1977. Therefore, on the face of it the complaint appears to be false and it has been filed obviously with a view to harass the parents and near relations of Mst, Phappi. These criminal proceedings are accordingly quashed.
Proceedings quashed.
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