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