1. ' This application under section 561-A seeks to quash the proceedings pending against the applicants before A. C. M., Dadu under section 325/147/148/452, P. P. C.
2. ' On 1st August 1978 Ahmad Nawaz had filed an F. I. R. At P. S., Dadu under sections 147, 148, 114, 323/34, P. P. C. Alleging that the cattle of Pario had trespassed into his Juar cultivation and on his protest Pario uttered foul language and Wahid Bux, Bahadur, Bacho and Hussain who were armed with hatchets and Ayub and Qadoo armed with lathi attacked the complainant. Bahadur gave hatchet blow which hit him on his head and blood started coming. On cries his uncle Mohammad Essa and Abdul Qadir came. Wahid Bux gave hatchet blow to Mohammad Essa above right eye and Bachoo gave hatchet blow to Abdul Qadir. Qadoo and Ayub gave lathi blows. Quarrel took place. Quarrel was averted when Elahi Bux came with Holy Qur'an. This F. I, R. Of Ahmad Nawaz was not found to be correct by Police and hence they filed the same. On 24th October 1978 the same Ahmad Nawaz filed a complaint before the District Magistrate, Dadu in respect of the same incident which had taken place on 1st of August, 1978 and in respect of which the F. I. R. Of Ahmad Nawaz was not found to be correct by police. In this complaint under sections 323, 452, 148, 114/34, P. P. C, the story was improved to the extent that Mst. Sain was alleged to have been injured by the present applicant by giving her hatchet blows along with her father Haji Ghulam Mohammad in the house of Haji Ghulam Mohammad. A certificate in respect of injuries of Mst. Sain seems to have been filed along with this complaint. The District Magistrate forwarded the same to Civil Judge and F. C. M., Dadu for disposal. The Civil Judge & F. C. M. Passed the following order in respect of that complaint :- "Perused the record and the report of the S. H, 0., Dadu. The report says that there is no mention of injured Mst. Sain in the case. I have perused the F. I. R. Filed by the complainant and there is no mention of injuries to Mst. Sain. Police, after thorough enquiry filed the case. I also do not find any substance to connect the injuries of Mst. Sain with the alleged offence. If there would have been any altercation for which police has taken measures under section 107, Cr. P. C. Complainant failed to make out any case gainst the accused persons, consequently, the complaint is dismissed under section 203, Cr. P. C. Read with section 159, Cr. P. C."
3. ' On 1st April, 1979 the present respondent Mohammad Arab, who was called absent today in spite of notice, filed an F. I. R. At P. S, Dadu wherein he alleged that on 1st August 1978 when he was coming to his village he heard cries and commotion and he was informed that cattle of Pario had trespassed the Juar cultivation of Ahmed Nawaz and Ahmad Nawaz had protested to Pario upon which Wahid Bux, Bachoo, Bahadur and Qadoo had come with lathi and hatchet and they started given blows to Ahmad Nawaz and when the relation of Ahmad Nawaz namely Mohammad Essa and Abdul Qadir reached there they were also given blows. On hearing this complainant Mohammad Arab went to his house while giving `Hakkar and found Bachoo, Bahadur and Wahid Bux armed with hatchet and Qadir Bux and Pario was armed with Lathi in the courtyard of his house. He saw Bahadur giving blunt-sided hatchet blow to his sister Mst. Sain, he saw Mst. Sain.
4. Ahmad Nawaz, Mohammad and Abdul Qadir lying there and bleeding. There was no mention in this F. I. R. That Ghulam Mohammad father of Mohammad Arab had received any blow. This respondent Mohammed Arab gave the reasons of delay in filing the F. I. R. That he had taken his sister to the hospital and she remained there for 14 or 15 days and he remained busy due to her illness and therefore he came to know that no report was lodged on behalf of his sister. On the basis of this F. I. R. The police submitted a challan in the Court of A. C. M., Dadu and the applicants have challenged the same as false.
5. ' Mr. N. K. Jatoi, learned counsel for the applicants has stated that the F. I. R. Of Mohammad Arab was filed 8 months after the incident and it was in respect of the same offence about which the F. I.
6. R. Of Ahmad Nawaz been found to be false and even a ditect complaint of Ahmad Nawaz had been dismissed by the A. C. M.. Dadu after enquiry on 20th November, 1978 and Ahmad Nawaz had taken no step against the dismissal of the said complaint and, therefore, the present F. I. R. And proceedings before A. C. M., Dadu were obviously intended to harass the applicants Mrs. Salima Nasiruddin, learned counsel appearing for the State has supported the submission of Mr. Jatoi. I find that in the F. I. R. Filed on 1st August 1979 there was no mention of any injury upon Mst. Sain and Ghulam Mohammad, and therefore, the injuries mentioned about these two persons in the complaint dated 24th October 1978 seem to be obvious addition afterthought. The F. I. R. Of 1st August 1978 having been found to be false by the police and even the complaint of 24th October 1978 having been dismissed by the A. C. M., Dadu, there was no reasonable A jurisdiction for a fresh F. I. R. By Mohammad Arab after 8 months of the incident and without giving any reasonable explanation of delay. Mohammad Arab and Ahmed Nawaz are relations and Mohammad Arab could not be unaware of the F. I. R. And complaint of Ahmad Nawaz, and therefore his waiting for 8 months is completely unexplainable and delay condemns the F. I. R. And it appears that the purpose of the complaint is obviously to harass the applicants. It is surprising to find that in the F. I.
7. R. Of Mohammad Arab there is not even a mention of any injury upon his father Ghulam Mohammad, who was shown to be injured in the complaint of Ahmad Nawaz dated 24th October 1978. There are omissions and contradictions in the F. I. R. Of 1st August 1978, complaint of 24th October 1978 and the F. I. R. Of 1st April 1979 that the whole story seems to be completely made up, and therefore, it is just and proper that these proceedings should be quashed as having been motivated and unfounded. Consequently, the proceedings are quashed.