1. ' NAIMATULLAH PHULPOTO, J.---Through this constitutional petition petitioners seek quashment of F.I.R. No,337 of 2012 under section 430/34, P.P.C. And proceedings emanating from the said F.I.R., pending in the Court of XIII Judicial Magistrate, Karachi East.
2. ' Brief Acts of prosecution case are that on 3-1-2012 at 8-00 p.m. Accused Shaikh Shafiuddin (owner of flat) along with his son-in-law namely Asif Ali and driver Muhammad Ramzan came in flat and disconnected water, gas, and electricity connections. Complainant lodged F.I.R. Against them under section 430/34, P.P.C.
3. ' Notice was issued to the respondent/complainant and Prosecutor-General Sindh.
4. ' Ms. Farah Saleem, learned counsel for the petitioners contended that dispute between the landlord and tenant has been converted to the criminal case and from the contents of F.I.R. No,337 of 2012 under section 430, P.P.C., no offence is made out. Flat belongs to accused Shafiuddin, no one can commit mischief in his property. It is argued that proceedings would be abuse of process of Court.
5. ' Mr. Sohail Abdul Raheem, learned counsel for the complainant/ respondent No,1, argued that cognizable offence has been committed, by the petitioners and a case is pending before the competent Court of law, constitutional petition is not maintainable, the same may be dismissed.
6. Mr. Khadim Hussain Khuharo, learned Deputy Prosecutor-General Sindh is not in a position to support the crime.
7. We have carefully heard the learned counsel, for the parties and perused the F.I.R. No,337 of 2012 under sections 430/34, P.P.C. It is admitted in the F.I.R. That there was dispute between the accused/landlord and complainant/tenant. Under section 11 of the Sindh Rented Premises Ordinance, 1979 mechanism has been provided to deal with the situation if there is discontinuance of amenities and services by the landlord.
8. ' For the sake of convenience section 430, P.P.C. Is reproduced hereunder:-- "430. Mischief by injury to works of irrigation or by wrongfully diverting water: Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both."
9. As the property exclusively belongs to the petitioner Shaikh Shafiuddin/accused, no person can be charged for committing mischief in respect of a property, which belongs to him. Criminal proceedings initiated by complainant/tenant for disconnecting amenities by accused/landlord are not competent rather an abuse of the process of law.
10. ' For the above stated reasons, we have no hesitation to hold that even if prosecution case is admitted no offence under section 430, P.P.C. Shall be proved. As such proceedings emanating from F.I.R. No,337 of 2012 under sections 430/34, P.P.C. Would be abuse of the process of law. In this background of the events non-interference by the High Court would tantamount to allow the illegality and highhandedness to perpetuate. This is a fit case for quashment of the proceedings.
11. Therefore, for the above reasons, petition is allowed, impugned F.I.R. And proceedings pending on the basis thereof are hereby quashed.
12. ' Consequently, petition stands disposed of accordingly.