ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR__________________
C.P
No.
D- 1186 of 2016.
_______________________________________________________________ DATE ORDER WITH SIGNATURE OF
JUDGE _______________________________________________________________
1. For orders on
office objection.
2. For katcha Peshi.
3. For hearing of
CMA 3277/2016
(Notice issued)
22.04.2016
Mr. Rehan Khan Durrani Advocate along
with petitioner No.1 Mst. Samina
as well as minor son from her ex-husband.
Mr. Shehriyar Ali Awan Asstt: A.G a/w
ASI Muhammad Moosa of P.S KIA Karachi.
...............
Pursuant to Court
notice, ASI Muhammad Moosa of P.S KIA Karachi has
shown appearance, who was directed to record statement of petitioner No.1 Mst. Samina. After recording her
statement, he has placed the copy of such statement on record, wherein Mst. Samina has categorically
stated that she was divorced by her ex-husband namely Seengar
Ali somewhere in June-July 2015, whereafter, without any pressure or coercion
she has contracted marriage on 04.12.2015 with the petitioner No.2 Noor
Muhammad, whereafter, a false F.I.R bearing No.485/2015 has been
registered at Police Station KIA district east Karachi under section 496-A and
34 of Protection Women Act at the instance of her father, which contains false
and frivolous allegations.
The petitioner Mst. Samina
present in Court, verifies such statement in Court and submits that she is happily
residing with her husband/petitioner No.2 Noor Muhammad along with her minor child and requests
that aforesaid F.I.R may be quashed and the respondents may be directed not to
cause any harassment to petitioners. Learned counsel for the petitioners
submits that as per his instructions, CP No.S-269/2016 filed in High Court U/S 491 Cr.P.C by her father at principal seat Karachi under
section 491 Cr.P.C, has been disposed of.
Learned Asstt: A.G submits that in view of above facts and
circumstances of the case and statement of petitioner No.1 Mst.
Samina, ASI Muhammad Moosa
of P.S. KIA Karachi may be directed to submit report
along with statement before concerned trial Court for disposal of the case in
‘C’ class, whereas, in case, aforesaid petition is still pending at principal
seat Karachi, copy of statement of petitioner No.1 Mst.
Samina and
copy of order passed by this Court, may be placed on record so that the matter
could be disposed of in view of herein above facts and circumstances of the
case.
Accordingly,
ASI Muhammad Moosa of P.S. KIA Karachi present in
Court, is directed to submit report before learned trial Court along with
statement of petitioner No.1 Mst. Samina
so that the case may be disposed of in accordance with law. Whereas,
copy of this order may also be produced in CP No.S-269/2016, if still pending
disposal before principal seat at Karachi for information and appropriate
orders by the learned bench. The
concerned police is also directed to provide protection to the petitioners in
respect of their marriage, however strictly in accordance with law.
Instant petition is
disposed of along with listed application in the above terms.
J
U D G E
`
Irfan/PA J U D G E