ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        414     of 2016

 

 

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For Katcha Peshi.

2-     For orders of CMA.No.1128/2016

 

 

19th. May, 2016.

 

 

                        Mr. Alam Sher Bozdar, Advocate along with petitioners.

Mr. Noor Hassan Malik, Asstt: A.G a/w ASI Qalab Hussain,              Police   Station, Civil Lines, Larkana.

 

                        Pursuant to Court notice, ASI Qalab Hussain of Police Station, Civil Lines, Larkana has shown appearance and recorded the statement of petitioner No.1 Mst. Murk D/o Nadir Hussain, Korai and has placed copy of such statement on record, wherein it has been stated by Mst. Murk that she being sui-juris has contracted marriage, out of her own freewill without any coercion and pressure with petitioner No.2 namely Soonhar Bakhsh S/o Akbar Ali Pitafi, and no one has abducted her. The petitioners present in court verify such fact and have prayed that the impugned F.I.R bearing Crime No.14/2016 U/s 365-B, 452, 148, 149 PPC registered at police station, Civil Lines Larkana may be quashed and protection may be provided to them.

 

                        Pursuant to Court notices, Mr. Irshad Ali R. Chandio, Advocate has filed Vakalatnama on behalf of Respondent No.5, who has stated that he was  unaware about the freewill marriage of the petitioners, therefore, he has got registered the F.I.R, however, it has been stated that they have forgiven their daughter  and will not cause any harassment to them. It has been further stated that the petitioner No.2 may be directed that they may allow meeting with their daughter as and when they may desire so. Whereas, petitioner No.1 Mst. Murk present in Court states that she would like to go with her husband Soonhar Bakhsh Pitafi, however, she will remain in contact with her parents and her husband Soonhar Bakhsh will not create any hindrance, however, she cannot meet with her parents in view of threats to her life; provided that the respondents may not create any harassment in this regard.

                        In view of herein above facts and circumstances, instant petition is being disposed of along with listed application, with direction to I.O of aforesaid Crime to submit report U/s 173, Cr.P.C in view of statement of petitioner No.1 Mst. Murk, for disposal of the aforesaid F.I.R under “C” class, whereas, protection may be provided to the petitioners in respect of their freewill marriage. The official respondents shall ensure that no harassment will be caused to the petitioners who will be at liberty to meet with the respondents as and when they may desire so. The I.O is further directed to submit copy of this order before the concerned Magistrate for disposal of aforesaid F.I.R, and submit compliance report to this Court through Incharge Additional Registrar of this Court within two weeks.

JUDGE

 

JUDGE

 

A.R.BROHI