' Mst, Rehana and fout. Others .Filed this petition under section 561-A, Cr. P. Cr, for quashing-the proceedings of case titled Nawab Khan v. Rehana Bibi etc. Under section 379, P. P. C., pending in the Court of learned Magistrate 1st Class, Khanewal.
2. Mst. Rehana was Married to Nawab Khan respondent on 20-10-1967, The couple fell out. Mst.
Rehana petitioner filed a Suit for dissolution of marriage on 1-3-1975, before Judge, Family Court, Lyallpur. She maintained the complaint that she was turned out by her husband four years ago and since then, she was residing with her parents. On 10-3-1975, Nawab Khan respondent filed complaint against Mst. Rehana and four other petitioners under sections 379, 380 and 498, P. P. C., at Khanewal, alleging that on 6-3-1975, in his absence, Mst. Jamila Bibi, Muhammad Siddiq, Fazal Muhammad and Muhammad Shafi accused petitioners entered his house and enticed away his wife Mst. Rehana Bibi and all of them took away ornaments, clothes and a cash of Rs, 3,000.00 and when they came out of the house, his neighbours Sh. Talib, Ghulam Muhammad and Muhammad Sarwar met them and saw them taking away ornaments, clothes and the cash etc., that he was informed by Muhammad Sarwar about the occurrence and on reaching the house found the ornaments, clothes, cash, etc. Stolen: Nawab Khan filed suit for restitution of conjugal rights on 27- 3-1975, before Judge, Family Court, Khanewal. In para. No, 3 of the plaint he averred that mother of his wife Mst. Rehana came to his house and informed that sister of Mst. Rehana was ssck and she wanted to take along Mst. Rehana and he permitted them to go. He, however, asked them to hand over the key to him at the shop after locking the house and both of them delivered the key to him at the shop and left 'but when he returned to the house, he found that his ornaments, clothes and cash of Rs, 3,000.00 had been stolen. He waited for Mst. Rehana for 15 days but when she did not come back, he went to her and asked her to accompany him along with ornaments, clothes and cash but she declined. In suit for restitution of conjugal rights, Nawab Khan had given a totally different version. According to him, on 27-12-1974, mother of Mst. Rehana had taken away his wife on false pretext and both of them took away the ornaments, clothes, and cash. In the plaint, Nawab Khan clearly mentioned that Mst. Rehana refused to return to his house. In the complaint, Nawab Khan gave the date as 6-3-1975 and according to him, Mst. Jamila Bibi, Muhammad Siddiq, Fazal Muhammad and Muhammad Shafi visited his house and took away his wife Mst. Rehana and also the ornaments, clothes and cash. Under these circumstances, if the complaint is allowed to proceed, it, would amount to abuse of process of Court. It is a fit case for quashing the proceedings and I order accordingly.