' Through this petition made under section 561-A, Cr.P.C., the petitioners, who are accused in case: F.I.R. No,127 dated 4-3-1993 registered at Police Station (Saddar), Chiniot, District Jhang under section 363/365, P.P.C., seek its quashment on the ground that they have nothing to do with the abudction of the children of Muhammad Ismail complainant, who, after the murder of their mother are residing with their maternal-grandmother Mst. Rehmat Bibi at Chak No,45/JB, Tehsil Samundari, District Faisalabad. According to them, they have been roped in this case because Sher Muhammad petitioner No,1 happend to be the complainant in case: F.I.R. No,544 dated 11-10-1992 registered at the aforesaid Police Station under sections 302, 109, 148/149, P.P.C. against the murderers of complainant's wife alongwith her alleged paramour, who happened to be his relation, and the accused party in this case wants to pressurise him for not pursuing it. To find out as under what circumstances the four minor children of the complainant have been taken from his house to the house of their maternal-grandmother Mst. Rehmat Bibi at Chak No,44-JB, Tehsil Samundari, I have summoned her alongwith the minors. She has put in appearance alongwith her four grandchildren, one of whom (Fardaus Bibi) is aged about 10 years, Shahid Mahmood is aged about 8 years, Shahida Bibi is aged about 4 years and Iram Shahzadi is aged about 1 year.
2. She has stated that after the murder of her daughter Mst. Razia in the house of the complainant, she alongwith her son went there and with the consent of the complainant brought the minors to her house as there was none to look after them. According to her, even the complainant continues to occasionally visit her house in order to meet his children. She denies that she or anyone else, including the petitioners, abducted the minors from the house of their father. She says that she has recently instituted a suit in the Court of a Civil Judge at Samundari against the complainant for the maintenance of the minors.
3. I have heard the learned counsel representing the parties at some length. Learned counsel for the complainant has tried to defend the registration of the case and its investigation by the police by contending that this Court in the exercise of its power under section 561-A, Cr.P.C. cannot interfere in the investigation of the case. This is true that this Court ordinarily refrains from interfering in the investigation of criminal cases but at the same time in appropriate cases it does intervene in the interest of justice. It is an admitted position that the wife of Muhammad Ismail complainant was killed alongwith her alleged paramour by some of his relations and a case was registered against them at the instance of Sher Muhammad (petitioner No,1). After the death of their mother, the minors, who all are of tender age, were living in the house of their parents without any care. Mst. Rehmat Bibi being the maternal-grandmother of the minors, must have naturally gone to the house of the complainant to condole the death of her daughter and it is possible that she might have brought the minors to her house in order to look after them. There could be no possibility of their having been forcibly abducted from the house of their father by the petitioners, who had nothing to do with them, except that one of them was the complainant in the murder case of their mother and their own relation. In these circumstances, the possibility of their having been falsely involved in this case cannot be excluded in order to pressurise them for effecting compromise with the accused party.
4. In view of the above, the quashment petition is accepted, the case: F.I.R. No,127 registered at Police Station Chiniot on 4-3-1993 under section C 363/365, P.P.C. and its investigation are hereby quashed.
F.I.R. quashed.