Muhammad Hayat and his wife Mst. Allah Jiwai filed this Writ Petition No,20766 of 1999 for the quashment of F.I.R. No,410 registered on 10-8-1999 at Police Station Saddar Chiniot, District Jhang under section 380, Pakistan Penal Code at the instance of Allah Yar. In the F.I.R. Allah Yar complainant alleged that eleven months before 10-8-1999 he slept in his house. He awoke in the morning. Cash amount of Rs,66,000, four Tolas of gold, ten suits of silk cloths valuing Rs,10,000 and one .12 bore double barrel gun were found missing. His alarm attracted Zulfiqar and Ulfat Hussain P.Ws. He cast the suspicion on Muhammad Hayat and Allah Jiwai accused who according to him, visited him. They were asked in the matter. They appointed Jalal as the arbitrator and he after hearing the parties passed the decree against them. He also declared both Muhammad Hayat and Mst. Allah Jiwai as accused. Later on both of them refused to return the stolen articles. It was thereafter that the F.I.R. Was lodged.
2. The quashment is sought on the ground that Mst. Azra Bibi sister of Allah Jawai accused was married to Allah Yar complainant of the criminal case who instituted her in a suit on 12-7-1999 to obtain a decree for dissolution of marriage against Allah Yar on the basis of Khula'. He maintained that to put the pressure upon them they were falsely roped in. Muhammad Hayat also filed an application under section 30/33 of the Arbitration Act wherein he challenged the vires of award, dated 20-5-1999 on different grounds. The petitioners took up the stand that they have been falsely roped in to put the pressure upon them about the return of the person of Mst. Azra Bibi to Allah Yar against whom she had instituted a suit for dissolution of marriage.
3. In the comments the S.H.O. Submitted that both the accused claim to be innocent even though Jalal Nian heard both the parties and gave his verdict in favour of Allah Yar complainant.
According to him the Deputy Inspector-General of Police, Faisalabad Range, Faisalabad had mentioned his order in the case diary to the effect that no further action shall be taken.
4. This writ petition was admitted on 2-2-2000. The comments and report are treated as the written statement.
5. I have heard the learned counsel for the petitioner as well as the learned Assistant Advocate- General. Mr. Muhammad Munir Ahmad, Deputy Superintendent of Police, Chiniot, District Jhang has expressed that both the writ petitioners have been declared as innocent during the police investigation. Learned counsel for the petitioners argued that to put the pressure upon Mst. Azra Bibi sister of Mst. Allah Jiwai writ petitioner the matter was reported to the police with a delay of eleven months and that the accused having been declared as innocent the F.I.R. Is liable to be quashed. On the contrary learned A.A.-G. Laid the emphasis that the matter shall have to be placed before the Area Magistrate about the discharge of the accused persons who within his discretion can pass any appropriate order. I would express that the law is always stretched in favour of the accused and is for the convenience of the accused. In the instant matter Mst. Azra Bibi is the sister of Mst. Allah Jiwai writ petitioner who is the wife of Allah Yar complainant and she instituted a suit for dissolution of marriage on 12-7-1999 while the case was reported to the police on 10-8-1999 with a delay of eleven months. The aforesaid delay is also a fact in favour of the writ petitioners especially when the police has declared the accused persons as innocent. The fact of the matter is that an award was drawn which means that the dispute is also that of civil nature and about the setting aside of the award the matter is also pending before the Civil Court. In view of the aforesaid aspect of the matter it can safely be expressed that to put the pressure upon Mst.
Azra Bibi both the petitioners were falsely roped in. This is a case of transgression of authority on the part of the S.H.O., Police Station Saddar Chiniot, District Jhang with whose blessing F.I.R. No,410, dated 10-8-1999 was registered at Police Station Saddar Chiniot, District Jhang under section 380, Pakistan Penal Code. I would express that in the circumstances of the matter first Mst. Azra Bibi sister of Mst. Allah Jiwai writ petitioner and wife of Allah Yar complainant has instituted a suit for dissolution of marriage against Allah Yar, that in view of the aforesaid aspect 'of the matter the petitioners cannot be said to have gone to the house of the complainant, that there is delay of eleven months in reporting the matter to the police and that an award has been drawn and issued, it can safely be held that the F.I.R. Required and desired to be quashed as to fall on the ground like a house of cards. There is no necessity to place the matter before the Ilaqa Magistrate for the discharge of the accused persons in view' of the aforesaid aspect and circumstances of the matter.
6. Holding it to be a fit case, I accept this writ petition and quash F.I.R. No,410 registered on 10-8-1999 at Police Station Saddar Chiniot, District Jhang under section 380, Pakistan Penal Code. However, the parties are left to bear their own costs.