1. ' This is an application under section 561-A, Cr.P.C. For the quashment of the proceedings pending against the applicant under sections 107, 117 and 151, Cr.P.C. Before the S.D.M,, Liaquatabad, Karachi.
2. ' The brief facts giving rise to the present application are that one Mst. Razia Begum was married with the applicant. In the year 1986, there was a dispute between husband and wife and therefore, Mst. Razia Begum left the house of the applicant and started living with her relations. Thereafter, she started moving applications against the applicant which resulted in the present proceedings.
3. S.H.O., P.S., Liaquatabad submitted report under sections 151, 107 and 117, Cr.P.C. Before S.D.M., Liaquatabad on 18-3-1988, on which it has been stated by the learned counsel for the applicant at the bar that the orders under section 112, Cr.P.C. Were passed.
4. ' It has been contended by the learned counsel for the applicant that there was a dispute between husband and wife over household articles and the same was going on since 1986. That there has been a civil suit also between the parties and exchange of notices. That no case against the applicant was made out under section 107, Cr.P.C. Which is clear from the letter dated 24th February, 1988 according to which it was mentioned by S.S.P., District Central, Karachi, that the matter is purely of civil nature. It was finally contended that the D.I.-G. Was related to Mst. Razia and the applicant has been sent up under section 107, Cr.P.C. Only in order to harass and pressurize him.
5. ' The learned counsel for the State has contended that looking to the documents produced by the applicant along with the abashment application no case under section 107, Cr.P.C. Was made out, and therefore, he will not support the proceedings pending against the applicant.
6. I have considered the contentions of the learned counsel and have gone through the documents produced along with the abashment application. The documents clearly show that there was a dispute between Mst. Razia Begum and the applicant. She was admittedly wife of the applicant and has separated from him in 1986. There has been a dispute between them over house-hold articles and there was exchange of notices between the parties. A civil suit between Fazal Shah, uncle of Mst. Razia, and the applicant is also pending in this Court, the copy of which has been filed along with the abashment application. Mr. M.I. Memon has further contended that the applicant has also filed a suit for restitution of conjugal rights before a Civil Court and the same is still sub judice. The report itself shows that it is an old dispute between the parties and, therefore, there was no immediate apprehension of breach of piece. Looking to the circumstances of the case, and the letter dated 24-2-1988, I am of the considered view that the proceedings initiated against the applicant are mala fide and had been filed in order to harass and pressurize the applicant. I, therefore, allow this application and quash the proceedings pending against the applicant under sections 151, 107 and 117, Cr.P.C. Before the learned S.D.M., Liaquatabad, Karachi.