This is a petition under section 561-A, Cr. P. C. For the quashment of a private complaint filed by Madad Ali, respondent No. 1, under section 498/109/380, P. P. C. Against Zulfiqar, petitioner, his father, his mother, his three sisters, his two brothers-in-law and his wife Mst. Karam Elahi. At the time when the quashment petition was filed, the private complaint was pending in the Court of Mr. Muhammad Atiq, Magistrate First Class, Sahiwal.
2. The petitioner's case is that Mst. Karam Elahi, daughter of Ghulam Farid, is his cousin as well as of Madad Ali, respondent. She is the daughter of petitioner's maternal aunt, whereas respondent No. 1 is her paternal aunt's son. It is stated that Mst. Karam Elabi was proposed to be-married to the petitioner, in exchange of Mst. Anwar who was to be married to one Shah Nawaz, brother of Mst.
Karam Elahi, whereafter, Madad Ali, respondent No. 1, also expressed his desire to obtain the hand of Mst. Karam Elahi in marriage, on which Mst. Karam Elahi came from the house of her parents to that of the petitioner and married him on 15th June, 1967. The marriage was solemnised in the jurisdiction of Union Council No. 127, Machhura, Tehsil Nankana, District Sheikhupura. On 6th December, 1967 Nawaz, brother-of Mst. Karam Elahi, lodged a report against the petitioner, his father, his mother, his sisters and two brothers---in-law alleging that some days earlier they had come to visit his maternal grandmother who was sick and that all of a sudden the petitioner and his companions had left early in the morning on 5th December, 1967, whereafter they found certain jewellery missing. According to the conten--tions of the petitioner, the investigation revealed that there was no merit in the case, which was cancelled by the police. Later, on 5th September, 1968 Madad Ali, respondent No. 1, got a private complaint filed against the petitioner, his father his mother, two sisters, two brothers-in-law and his wife, Mst. Karam Elahi, in respect of the same incident which had taken place 9 months earlier, wherein not only it was mentioned that the peti-- tioner and his companions had stolen the jewellery, but also that they had enticed away the complainant's wife Mst. Karam Elahi. In the private complaint, it was alleged that Mst. Karam Elahi was the wife of the com--plainant, Madad Ali, and he had married her on 7th June, 1967.
3. Post Cards acknowledgment due were sent to the petitioner and his counsel and also to the respondent No. 1 and his counsel for today's date of hearing. The petitioner has appeared through his counsel, nobody has appeared for Madad Ali, respondent No. 1.
4. Learned counsel for the petitioner contends that the petitioner was married to Mst. Karam Elahi on 15th June, 1967 and now has five children out of her and that the private complaint was lodged by Madad Ali, respondent, to harass the petitioner and to compel him to give up his wife, Mst.
Karam Elahi, to whom the complainant desired to marry. It is also submitted that the private complaint is based almost on the same facts on which the previous F. I. R. Dated 16th December, 1967 was registered by Nawaz, brother of Mst. Karam Elahi, which case was cancelled.
5. It appears that Madad Ali, respondent No. 1, in spite of service, has not turned up, which shows that he is no longer interested in the case. However, private complaint of Madad Ali appears to be based on the same incident in respect of which Muhammad Nawaz, brother of Msr. Karam Elahi, had lodged a report with police on 6th December, 1967 with regard to the theft of some jewellery in his house, which case, as submitted by the petitioners, was cancelled by the police.
In these circumstances, prima facie the allegation of theft by tha petitioner and his companions relating to the incident which took place on 6th December, 1967 appears to be fabricated. With regard to the allegation in the complaint as regard Mst. Karam Elahi being wife of the complainant.
Madad Ali, respondent No. 1, the same has been denied not only by the petitioner in his present petition but by Mst. Karam Elahi in her affidavit dated 19th April, 1969 which has been filed with this case.
6. It appears that the private complaint has been instituted to harass and humiliate the petitioner.
7. For the foregoing reasons, this petition is accepted and private complaint titled Madad Ali v.
Zulfiqar and others under section 498/ 109/ 380, P. P. C. Pending in the Court of Magistrate at Sahiwal is hereby quashed.