ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        1488   of 2016

 

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

1-     For Katcha Peshi.

2-     For hearing of CMA.No.4126/2016

 

 

03rd. May, 2016.

 

Mr. Shoukat Ali Makwal & Miss Farzana Bhatti, Advocate along with petitioners.

Mr. Shafique Ahmed Leghari, State Counsel along with ASI Ameer Ali, I.O Crime No.16/2016 of Police Station, Agra.

           

                        Pursuant to Court notices, I.O of Crime No. 16 of 2016 police station, Agra has shown appearance, who has recorded the statement of Mst. Rukhsana alias Rukhsar Parveen D/o Ghulam Sarwar, copy of which has been placed on record, wherein Mst. Rukhsana alias Rukhsar Parveen has candidly stated that she being sui-juris aged 18 years has contracted marriage out of her  own freewill without pressure and coercion with petitioner No.2 namely  Mujahid Ali S/o Mir Muhammad, whereas, the allegations regarding her abduction as contained in the F.I.R No. 16 of 2016 U/s 365-B, 148, 149 PPC of Police Station, Agra are false and frivolous. She has further stated that she has not been abducted by anyone, and she wants to go with her husband.

                        Pursuant to Court notices, Mr. Ameer Hyder Jiskani, Advocate has shown appearance and filed Vakalatnama on behalf of respondents No.4 & 5, which is taken on record, whereas, respondent No.4 has also appeared in Court who submitted that since petitioner No.1 Mst. Rukhsana alias Rukhsar Parveen was forcibly taken away by the petitioner No.2, therefore, the aforesaid F.I.R was registered. It has been further stated that she is below the age of 18 years.

                        Both the petitioners namely, Mst. Rukhsana alias Rukhsar Parveen and Mujahid Ali are present in court, who have vehemently denied such allegations, whereas, Mst. Rukhsana alias Rukhsar Parveen submits that she is not below the age of 18 years, as alleged in the aforesaid F.I.R nor she was forcibly taken away by anyone. Learned Counsel for petitioners submits that since the very allegation regarding abduction of petitioner namely Mst. Rukhsana alias Rukhsar Parveen in view of herein above statement as recorded by the I.O, has been falsified by the alleged abductee Mst. Rukhsana alias Rukhsar Parveen herself, therefore, the entire version as stated in the aforesaid F.I.R and the allegations of respondent No.4 regarding her age are equally false and frivolous. It has been prayed that the aforesaid F.I.R may be quashed and petitioners may be provided protection, whereas, respondents may be restrained from causing any harm or harassment to the petitioners in respect of their freewill marriage.

                        In view of hereinabove facts and circumstances of the case, and the statement of Mst. Rukhsana alias Rukhsar Parveen recorded by the I.O in Court, the allegation as contained in the F.I.R regarding her abduction, appear to be false and frivolous. Accordingly, we would direct the I.O of Crime No.16/2016 registered at P.S Agra, to submit such report before the concerned Magistrate along with statement of Mst. Rukhsana alias Rukhsar Parveen for disposal of the aforesaid F.I.R in accordance with law, whereafter, compliance report shall be submitted to this Court within two weeks from the date of this order. The concerned police is also directed that no one nominated in the aforesaid F.I.R shall be arrested, whereas, protection may also be provided to the petitioners in respect of their freewill marriage in accordance with law.  The allegation regarding age of the petitioner No.1 raised today by the respondents for the first time, may be agitated by the respondents before proper forum in accordance with law. Learned Counsel for the petitioners submits that police protection may be provided to the petitioners and they shall be directed to ensure a safe journey to their destination, as the respondents have gathered outside the Court and may cause harm to the petitioners. Accordingly, learned State Counsel is directed to call the concerned S.H.O who may accompany the petitioners and the I.O present in Court and shall ensure that petitioners may be escorted to their safe destination.

                        Petition stands disposed of in the above terms along with listed application.

                        JUDGE

JUDGE

A.R.BROHI