1. ' This petition under section 561-A, Cr. P. C. Has been moved for quashment of the proceedings of a Criminal Case, State v. Hussain Bux and 4 others, under section 380, P. P. C. Sent up by Sultan Kot Police against the 5 petitioners.
2. ' The facts in brief are that petitioner No, 2 Mst. Husna daughter of Gul Mohammad Panhwar of Kot Mir Mohammad Taluka Kairpur eloped with Hussain Bux petitioner No, 1 and subsequently she married him. Mst. Husna was from Panhwar tribe while Hussain Bux was a Bhand. The Panhwar tribe got annoyed and declared Hussain Bux and Mst. Husna as `Karo Kari'. Being in fear of their lives, they sought help of the police of Pir Goth. The police sent a report under section 107/151, Cr. P. C.
3. Against five persons of Panhwar tribe. This report was dated 7-10-1974. Hussain Bux petitioner was shown as witness No, 4 in the list. The other petitioners including Mst. Husna were also cited as prosecution witnesses. This report was sent by the police as a result of the applications sent to the police by the Bhands. Mr. Bhutto, counsel for the Bhands makes a statement that these applications were sent to the higher police authorities and they came from Superintendent of Police to the Police Station and investigation was conducted and ultimately this report for action under section 107, Cr. P. C. Was forwarded on 7-10-1974. Through one Mohammad Ibrahim Malik however, the Panhwars got a theft case registered on 2-10-1974. It was stated in this report that about 8 days prior to the lodging of the report, Hussain Bux and other petitioners had come and stayed at his house to pay him friendly visit and early in the morning they had all been found to have disappeared, taking away his tin box containing silver ornaments, clothes and cash of Rs, 50.
4. Mst. Husna and Hussain Bux Bhand had been prominently mentioned as accused persons in this report. Ali the 5 accused mentioned in the F. I. R. Are the witnesses in 107, Cr. P. C. Proceedings.
5. ' It has been argued by Mr. K. B. Bhutto, that this report is on the face of it false and absurd. That Mohammad Ibrahim is resident of village Jan Mohammad Panhwar and this was the village where the parents of Mst. Husna resided. According to Mr. K. B. Bhutto Mst. Husna and Hussain Bux and their relations have been implicated in this false case because of elopement of Mst. Husna with Hussain Bux Bhand.
6. ' On perusal of the report, the story mentioned in the report appears to be highly improbable and convincing. It is hard to believe that Mst. Husna, her husband Hussain Bux Bhand and the other petitioners would all come together from their village Kot Mir Mohammad Taluka Khairpur to Panhwar village in Taluka Shikarpur and stay for the night with Mohammad Ibarhim Malik just for the sake of friendship and all the petitioners are supposed to have left the house alongwith the trunk. The inmates of the house it is said discovered the theft and the disappearance of the accused, long afterwards. They waited for 8 days and then lodged report with the police. No description of the ornaments or clothes appears in the report.
7. I am inclined to agree with the arguments of Mr. K. B. Bhutto, that this case is false and the report has been lodged for the purpose of harassment of Mst. Husna and the Bhands on account of the above enmity with Panhwar tribe. It is hardly possible for the Panhwar woman and the Bhands to have come all the way to the village of Panhwars and stayed there, after Mst. Husna and Hussain Bux had been declared as Kari Kara. A They would on the contrary avoid coming near the Panhwar village to save their own lives. This case therefore appears to have been filed for the purpose of harassm ent of the petitioners and the proceedings of the case, if allowed to continue, would amount to abuse of the process of the Court.
8. ' The proceedings are accordingly hereby quashed.