Amir Abdullah and Ata Muhammad petitioners have moved this petition under section 561-A, Cr. P.
C. For quashment of proceedings in a complaint case under sections 147, 406, 506 and 452/109, P.
P. C. Pending against them and three others in the Court of Mr. Wahid Ullah Goraya, Magistrate Ist Class, Lahore.
2. The facts of the case, briefly stated, are that the petitioners and their co-accused are residents of village Khabeki, Police Station Noshera, Tehsil Khushab, district Sargodha. Nur Khan (hereinafter called the complainant) is a resident of Guru Mangat, Gulberg III, Lahore while his sisters and brothers reside in village Khabeki, district Sargodha. In the complaint it is alleged that on 10-4-1916 Amir Abdullah petitioner came to Lahore and stayed with the complainant. On the next day the complainant gave him Rs. 1,200 and told him to deliver this amount to his mother at village Khabeki. Two or three days thereafter the brother of the complainant, namely, Ata Muhammad came to Lahore and told the complainant that Amir Abdullah petitioner had not given the amount to his mother. The complainant asked his brother Ata Muhammad to get the amount from Amir Abdullah petitioner and he made repeated demands but Amir Abdullah petitioner did not pay the amount as a result of which the relations between the parties got strained. It is further alleged that on 21-4-1976 Amir Abdullah petitioner accompanied by the other accused persons came to Lahore and picked up a quarrel with the complainant and then all of them abused him and gave him fist blows.
The learned Magistrate recorded the statements of the complainant and his witnesses, namely, Shaukat Ali and Siraj Din and finding a prima facie case under section 406 against Amir Abdullah petitioner and under sec--tion 506 against the petitioners and their co-accused, issued process against them by his order dated 25-6-1976.
3. The learned counsel for the petitioners contends that on 23-4-1976 Ahmad Khan brother of the complainant lodged a report under sections 452 and 342, P. P. C. Against Amir Abdullah petitioner, his sons Sher Baz and Rabnawaz and one Ata Muhammad son of Dost Muhammad and that case is pending in the Court of Magistrate Ist Class, Joharabad. He further states that on 14-5-1976 Amir Abdullah petitioner lodged a complaint against Ahmed Khan, Muhammad Ramzan and Ata Muhammad (brothers of the complainant) and others under sections 148, 506, 452, 382 and 323/149, P. P. C. Which is also pending in Court of Magistrate Ist Class, Joharabad and the present complaint has been brought as a counter-blast to harass the petitioners and their co-accused who reside at a distance of about two hundred miles from Lahore. He submits that the process of Court is being abused, therefore, the proceedings should be quashed. The learned counsel for the complainant on the other hand states that the complaint discloses the commission of offences under sections 406 and 506 of the P. P. C. And the case is still at the initial stage, therefore, no ground for quashment is made out.
It is admitted that Nur Khan complainant is a resident of Guru Mangat, Gulberg III, Lahore, while the petitioners and their co-accused in the com--plaint are residents of village Khabeki, situate at a distance of about two hundred miles from Lahore. It is also admitted that Mst. Manzur Khatun sister of Nur Khan complainant is married to Sher Baz (accused in the complaint) son of Amir Abdullah petitioner and Mst. Jawahar Khatun sister of Sher Baz and daughter of Amir Abdullah is married to Nur Khan com--plainant. However, this relationship has been suppressed in the instant complaint.
Ahmad 1:han brother of the complainant lodged a report under sections 452 and 342, P. P. C.
Against Amir Abdullah petitioner, his sons and Ata Muhammad son of Dost Muhammad on 23-4- 1976. The petitioners have filed a copy of the report under section 173, Cr. P. C. Of that case wherein it is stated that 10/12 days before the wife of Nur Khan, namely Mst. Jawahar Khatun (daughter of Amir Abdullah petitioner) fell out with her husband at Lahore and came over to the house of her parents at Khabeki. That case was registered on 23-4-1976 which shows that she had left the house of Nur Khan complainant on or about 11-4-1976. If that was the position then there was no occasion for Nur Khan complainant to send Rs. 1,200 to her mother through Amir Abdullah petitioner on 11-4-1976. It is also admitted that on 14-5-1976 Amir Abdullah petitioner filed a complaint against the brothers of Nur Khan complainant and others which is pending in the Court of Ch. Sardar Ali, Magistrate Ist Class, Joharabad. The instant complaint was filed on 8-6-1975 and seems to be a counterblast. The amount of Rs. 1,200 was allegedly given to Amir Abdullah on 11-4- 1976 and Amir Abdullah and his companions allegedly gave beating to Nur Khan on 21-4-1976 but the complaint was filed on 8-6-1976. The learned counsel for the petitioners has contended with some justification that bad there been any truth in these allegations the complainant would have filed the complaint soon after these incidents and the very fact that it was filed after the institu-- tion of the complaint by Amir Abdullah against the brothers of the present complainant amply shows that the instant complaint is a counterblast. The story narrated in the complaint is fantastic.
According to the complaint, Ata Muhammad brother of the complainant repeatedly demanded the amount from Amir Abdullah petitioner which he had allegedly misappropriated as a result of which the relations between Amir Abdullah petitioner and members of the family of the complainant got strained. Ata Muhammad aforemen--tioned and the members of the family of the complainant reside in village Khabeki and accused persons are also residents of the same village therefore. Amir Abdullah petitioner and his co-accused had obviously no reason to come to a place two hundred miles away from their abode to give fist blow; to the complainant. After going through the record I am of the view that the complaint is mala fide and has been instituted to harass the petitioners, This Court has the power to quash the Criminal Proceedings if it is satisfies that the complaint is false and the process of Court is being abused to tiaras: the accused persons.
5. For the foregoing reasons I allow this petition and quash the proceedings in the complaint brought by Nur Khan complainant against the petitioners and their co-accused pending in the Court of Mr. Wahid Ullah Goraya, Magistrate 1st Class, Lahore.