IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cons.
Petition No.D-3494 of 2015
______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________
1.
For order on O/Objection at Flag’A’
2.
KatchaPeshi
3.
For hearing of CMA9836/15(Stay)
12-01-2016.
Mr. AlamSherBozdar Advocate along with
petitioners.
Mr.ShahryarAwanA.A.G along with ASI QalanderBux
of P.S City Tando AdamInvestigating Officer of Crime No.152/2015 of P.STando
Adam City districtSanghar.
-------------
Pursuant
to the Court notices, ASIQalanderBakhsh Investigating Officer of F.I.R No.152/2015
under section 365-B,494,34 PPC has shown appearance and recorded statement of
petitioner No.lMst. Rubeena daughter of Ali Gohar and has placed copy of
statement on record wherein it has been stated by Mst. Rubeena that she has not
been abducted by any one and she being Sui Juris has contracted marriage on her
own free will, without any pressure with petitioner No.2 namely Gullan Khan son
of Athar Ali Shar. It has been further stated that she was never married to any
one prior to instant marriage with Gullan Khan whereas a false F.I.R about her
abduction and previous marriage has been registered at the instance of her
brother who wanted to get her married with one old man on consideration of huge
money. She has further expressed her willingness to go along with her husband
namely: Gullan Khan. The father and brother of Mst.Rubeena have also shown
appearance along with Mr.Shakeel Ahmed Ansari Advocate, whereas, one Ashiq Ali
is also in attendance who claims to be previous husband of Mst. Rubeena.
Learned counsel for the private respondents submits that Mst. Rubeena is lawful
wife of Ashiq Ali and has contracted marriage in violation of law. Such
contention has been seriously denied by petitioner Mst. Rubeena who has categorically
stated that she has never been married with any one except petitioner No.2
GullanShar whereas the contents of aforesaid F.I.R are totally false and
baseless.The brother of Mst. Rubeena present in Court namely Arbab while
confronted with the contents of F.I.R regarding abduction of petitioner MstRubeenaby
petitioner No.2 Gullan Khan and other co-accused persons nominated in the F.I.R,
has candidly stated that the incident regarding abduction of her sister Mst.
Rubeena by other accused persons as recorded in the aforesaid F.I.R did not
take place, whereas, he was asked by concerned police to nominate petitioner
and others for her abductionto lodge F.I.R in such manner. However, he further
states that Nikkah of his sister was earlier solemnized with Ashique Ali.
Learned counsel for the petitionerssubmits that in view of the statement of
Mst. Rubeena recorded by I.O of the case, wherein the allegations as contained
in the F.I.R have been denied, it has emerged that the F.I.R is false and baseless
which may be quashed and Mst. Rubeena may be allowed to go along with her
husband Gullan Khan.
Learned
A.A.G for the State in view of the statement of Mst. Rbueena also supports
contention of learned counsel for petitioners, however, submits that I.O may be
directed to further investigate the matter and submit report before the
concerned Magistrate who may pass appropriate order in accordance with law.
In
view of the facts and circumstances of the case and the statement of Mst.
Rubeena recorded by I.O , it appears that allegation of her abduction is false and
frivolous, therefore, the charge under section 365-Bread with section 34 PPC
under the facts and circumstances of the instant case appears to be false.As
regards the allegation of her previous marriage with Ashique Ali, there is no
material available on record to support such allegation, whereas, no F.I.R or complaint has been got
registered by Ashique Ali regarding abduction of Mst. Rbueena or her
solemnizing Nikkah over Nikkah.Moreover such allegations require recording of
evidence and witnesses to be examined by the competent Court. Accordingly,
instant petition is disposed of with directions to the Investigating Officer of
F.I.R No. 152/2015 registered at P.S. Tando Adam City, Sangarto submit report
before the concerned Magistrate along with statement of Mst. Rubeena, who may
pass appropriate orders in accordance with law. In the meanwhile keeping inview
the statement of Mst. Rbueena and the documents attached along with instant
petition including the affidavit of her free will and Nikahnama , the
petitioner Mst. Rubeena may go along with her husband Gullan Khan Shar whereas
the respondents are at liberty to seek remedy for redressal of their grievance
before the competent Court of law.
Petition stands disposed of along with listed application
in above terms.
J
U D G E
J U D G E
Irfan/PA