' SARDAR MUHAMMAD SHAMIM KHAN, J.---Talib Hussain, petitioner, through this Constitutional Petition seeks quashment of F.I.R. No,329 of 2010 dated 4-11-2010 for the offences under sections 382, 436, 447, 148 and 149 of P.P.C. Registered at Police Station Kot Mithan, District Rajanpur against him and respondents Nos.4 to 15.
2. Brief facts leading to filing of instant petition are that on 19-2-2010 one Basheer Ahmad, relative of petitioner lodged a case F.I.R. No,52 of 2010 for the offences under sections 302, 148 and 149 of P.P.C. At Police Station Kot Mithan, District Rajanpur against Jehanzeb, Tahir, Sabir, Zulfiqar, Shaukat and Majeed for committing the murder of Fazal-ur-Rehman, his son. Majeed, accused involved in the aforementioned murder case is real son, other four accused persons are real nephews whereas remaining are close relatives of Miran Bakhsh, complainant of case F.I.R. No,329 of 2010. As per allegations levelled against the petitioner and respondents Nos.4 to 15 in the F.I.R. Registered at the instance of Miran Bakhsh, respondent No,3/complainant are that on 25-2-2010 all the accused persons forcibly took the possession of house of his nephews (accused in murder case) and set their house at fire. It has further been alleged in the F.I.R. That petitioner and other accused persons, who were armed with different fire arms also forcibly took away 1600 mounds of wheat by cutting the same from their fields and that they also took along with them the household articles, the detail of which has been given in the F.I.R.
3. Learned counsel for the petitioner submits that on 19-2=2010, case bearing F.I.R. No,52 of 2010 was registered against the son, nephews and other close relatives of Miran Bakhsh, respondent No,3, who has lodged instant F.I.R. On the basis of mala fide simply to pressurize the petitioner and other respondents, who are close relatives of the deceased and complainant of aforementioned murder case, to get a compromise in the aforementioned murder case; that occurrence of murder took place on 19-2-2010 whereas Miran Bakhsh has lodged this F.I.R. On 4-11-2010, after about nine months of the occurrence of murder case with regard to the occurrence which allegedly took place on 25-22010; that Pathan and Luqman.Are eye-witnesses of murder case, so Miran Bakhsh, complainant has roped Gaman, father of Pathan and Usman, father of Luqman simply to exert pressure on the eye-witnesses to resile from their statements; that prior to registration of F.I.R., Miran Bakhsh filed an application under section 22-A of Cr.P.C. Before learned Justice of Peace, Rajanpur for registration of the F.I.R. Against the petitioner and respondents Nos.4 to 15 and he categorically admitted in the said application that Basheer Ahmad had lodged a case of murder against his nephews. It has further been contended by learned counsel for the petitioner that no date of occurrence was given by Miran Bakhsh in his said application filed before the learned Justice of Peace and the alleged time of occurrence was given by him at 5-00/6-00 p.m. But when he lodged this F.I.R. a specific date was given by Miran Bakhsh and the time of occurrence was changed by him as 2-00 p.m.; that learned Justice of Peace sought comments from the local police and according to the comments submitted by the police, Miran Bakhsh filed the said application for registration of F.I.R. On the basis of mala fide as his son, his nephews and close relatives were accused of murder case and in spite of handing over them to police, he is trying to pressurize the complainant party of the murder case and that he had not lodged any such report with the police; that learned Justice of Peace issued a direction to the concerned S.H.O. On 20-4- 2010 to redress the grievance of the petitioner but instant F.I.R. Was lodged on 4-11-2010 in collusion with police; that Miran Bakhsh had improved some allegations in the F.I.R. Which he did not mention in his application under section 22-A of Cr.P.C., that the occurrence narrated by Miran Bakhsh in his application submitted by him before learned Justice of Peace for registration of F.I.R. Is contrary to story given in the F.I.R. By him, which is clear indicative of the fact that this was a totally false case and conviction cannot be recorded against the petitioners and respondents Nos.4 to 15 due to the aforementioned discrepancies and contradictions between two stories and he has prayed for quashment of the F.I.R. No,329 of 2010.
4. Learned counsel for respondent No:3 Miran Bakhsh contends that case bearing F.I.R. No,329 of 2010 was registered by Miran Bakhsh, respondent No,3 against petitioner and respondents Nos.4 to 15 on the basis of true facts as petitioner and respondents Nos.4 to 15 committed the offence as narrated in the aforementioned F.I.R.; that the matter requires investigation by the police; that F.I.R.
Can be quashed only on exceptional circumstances which are lacking in this case; that petitioner and respondents No,4 to 15 had not given any cogent reason for quashment of F.I.R., so, he has prayed for the dismissal of the writ petition.
5. Learned D.P.-G. Submits that let police come to the conclusion regarding the genuineness or otherwise of the F.I.R.
6. I have heard the learned counsel for the parties and perused the record.
7. Admittedly case bearing F.I.R. No,52 of 2010 was lodged against Majeed son of Miran Bakhsh, four nephews and other close relatives of Miran Bakhsh for committing the murder of Fazal-urRehman son of Bashir Ahmad, who is near relative of petitioner and respondents Nos.4 to 15, who are accused in F.I.R. No,329 of 2010 registered against them under sections 382, 436, 447, 148 and 149 of P.P.C. Pathan and Luqman are eye-witnesses in the aforementioned murder case against son, four nephews and other close relatives of Miran Bakhsh. Gaman father of said Pathan and Usman father of said Luqman have been arrayed as accused in this F.I.R. Prima facie, I have reason to believe that Miran Bakhsh has lodged instant F.I.R. Against petitioner and respondents Nos.4 to 15 on the basis of mala tide in order to exert pressure against complainant party of the murder case to effect compromise. The alleged occurrence took place on 25-2-2010. Miran Bakhsh submitted application before learned Justice of Peace for registration of instant F.I.R. On 13-4-2010 without approaching S.H.O. Concerned. On 20-4-2010, learned Justice of Peace issued a direction to the S.H.O. For redressal of the grievance of the petitioner but this F. I.R. Was lodged on 4-11-2010 with extraordinary delay of about seven months. S.H.O. Police Station Kot Mithan in his comments submitted before the learned Justice of Peace, which were sought from him regarding the application of Miran Bakhsh for registration of F.I.R., stated that Basheer Ahmad had lodged F.I.R.
Against son, nephew and other close relatives of Miran Bakhsh and Miran Bakhsh instead of handing over the nominated accused persons to the police, is trying to pressurize the complainant party of murder case by filing instant petition.
' This F.I.R. Was lodged with an extraordinary delay of about seven months as Miran Bakhsh kept on persuading the police to register the same in spite of the fact that it was in the knowledge of the police that it was a fabricated story. Perusal of application under section 22-A of Cr.P.C. Submitted before learned Justice of Peace reveals that no date of occurrence was given by him and time of alleged occurrence was given by him as 5-00/6-00 p.m. But surprisingly contrary to the version taken by him in the said application the date of occurrence was given by him as 25-2-2010 and time of occurrence was changed from 5-00/6-00pm to 2-00 p.m. Perusal of application under section 22-A- of Cr.P.C. Also reveals that the'occurrence narrated by Miran Bakhsh_in said application is totally contrary to his version given in the instant F.I.R. In the instant F.I.R. It has been alleged by Miran Bakhsh that petitioner along with respondents Nos.4 to 15, while armed with different fire arms forcibly took away 1600 mounds of wheat by cutting the same from fields. This fact was not incorporated by Miran Bakhsh in his application under section 22-A of Cr.P.C. It is highly improbable that how the petitioner and respondents Nos.4 to 15, who were allegedly armed with fire arms cut 1600 mounds of wheat without sickles etc. And took it along with them such a huge quantity of wheat without any conveyance. According to the story put forth by the complainant, petitioner and respondents Nos.4 to 15 after taking the possession of house of his nephews (accused persons of murder case) set the same on fire and at the same time he alleged that accused persons took away household articles from the house of his nephews. Contradictory version taken by Miran Bakhsh in the B instant F.I.R. And his application submitted under section 22- A of Cr.P.C. Is clear indicative of the fact that criminal trial of this case would not likely to end in conviction of the accused. This Court in its constitutional jurisdiction can quash any F.I.R. If registration of the same is based on mala fide of facts or in law. Miran Bakhsh lodged C instant F.I.R.
On the basis of mala fide as by registration of the same he by putting pressure on the petitioner and respondents Nos.4 to 15 wants to save skin of his son, nephews and other close relatives, who are nominated accused of the murder case. The F.I.R. Can also be quashed if E the prosecution case is not likely to end in conviction. In this regard reliance has been placed in a case-law reported as Muhammad Anwar v. Senior Superintendent of Police and others (1995 PCr.LJ 1616).
8. For what has been discussed above, as the F.I.R. Was registered on the basis of mala tide and that its trial would not likely to end in conviction, petition in hand is accepted and the F.I.R. No,329 of 2010 dated 4-11-2010 is quashed.
F.I.R. Quashed.