This is a petition under section 561-A/439, Cr. P. C. By Rustam Khan and two others; petitioners, for quashment of a private complaint case under sections 448 392 and 380, P. P. C. Filed against them by Gul Muhammad, respondent No. 1, in the Court of Mr. C. J. Pervaiz, Magis--trate 1st Class, Lahore.
2. The petitioners are the near relatives of one Ali Muhammad, deceased. Rustam Khan, petitioner No. 1, is a son of the real sister of the said deceased, Mst. Malkani, petitioner No. 2, is widow of the said deceased and Muhammad Zaman, petitioner No. 3, is real brother of Mst. Malkani, petitioner No. 2. One Feroze Khan, maternal-uncle of Mst. Malkani, owned House No. 1 in Waris Colony, Lahore.
As Ali Muhammad, deceased, and the said Feroze Khan happened to reside in the same chak in District Sahiwal, the former, on the invitation of latter, began to live in one of the rooms of the latter's house in Waris Colony, Lahore.
3. The petitioners, story is that on the night between 17/18-2-1971 the aforesaid Feroze Khan with one Manzoor Hussain brutally murdered Ali Muhammad, deceased and hacked him into pieces. Feroze Khan was thereafter arrested, who confessed his guilt and accordingly the challan against him was sent up. Mst. Malkani petitioner No. 2, applied to the Martial Law Authorities for the transfer of the case to the Military Court, whereupon Muhammad Khan, son of the said Feroze Khan accused, and his other relatives came to Lahore and tried to win over the petitioners in order that petitioner No. 2 may withdraw her application for transfer of the case to the Military Court. That a few days after the said visit, the said Muhammad Khan, son of Feroze Khan accused, alongwith Gul Muhammad, respondent No. 2, the brother of his wife, visited Mst. Malkani, petitioner No. 2, when Rustam Khan and Muhammad Zaman, petitioners Nos. 1 and 3 were not present in the house, and they forcibly took petitioner No. 2 in a room and thereatened her at pistol point to yield to their request, but petitioner No. 2 managed to slip into the other room and chained the door from outside and reported the matter to the police at Police Station, Chung, whereupon both the accused were recovered from the room in the possession of the petitioners and pistol was recovered from, their possession. Accordingly, cases against both the said persons were registered under section 452, P. P. C. And section 13 of the West Pakistan Arms Ordinance, which are pending in the Court of Mr. C. J. Pervaiz. As a counter-blast to the said cases, Gul Muhammad accused, respondent No. 2, filed a private complaint on 23rd August, 1971 against the petitioners under sections 448, 392 and 380, P. P. C. Being aggrieved by the said private complaint, the petitioners filed the present petition under section. 561-A/439, Cr. P. C. For quashment, which is now before me for disposal.
4. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. Gul Muhammad, respondent No. 2, could not be served at his last address.
It is clear that the pr tent complaint is a counter blast to the cases instituted against Muhammad Khan and Gul Muhammad, respondent No. 2, under section 452, P. P. C. And section 13 of the West Pakistan Arms Ordinance, which cases are pending in the Criminal Court. The learned counsel for the petitioners submitted that the petitioners were thrown out by Muhammad Khan and others some time in 1971 and they have not been in the disputed house since then and that the private complaint filed by Gul Muhammad, respondent No. 2, was mala fide and instituted to harass the petitioners. Rustam Khan, petitioner No. 1, has filed an affidavit to state that they had left the possession of the house after the murder of Ali Muhammad, deceased, and that they are not in possession of the house. In these circumstances, the private complaint of Gul Muhammad, respondent No. 2 deserves to be quashed, being mala fide.
5. For the foregoing reasons, this petition is accepted and the private complaint filed by Gul Muhammad, respondent No. 2, against the present petitioners under sections 448, 392 and 380, P.
P. C. In the Court of Mr. C. J. Pervaiz, Magistrate 1st Class, Lahore, is hereby quashed.