C.P.No.D-3027 of 2015
1.
Katcha
Peshi
2.
For
hearing of CMA-8508/2015
02.09.2015
Mr. Shafique Ahmed
Leghari Advocate along with petitioners.
Mr. Noor Hassan Malik,
Assistant Advocate General.
...............
Mr.
Khan Muhammad Sangi Advocate files vakalatnama on behalf of respondents Nos.7
and 8 while Mr. Riaz Ahmed Ghumro files vakalatnama on behalf of respondent
No.9, which are taken on record. Respondents Nos.5, 7, 8 and 9 are also in
attendance. Learned counsel for the respondent No.9 has submitted that his
client being respectable citizen and a surgeon has been falsely dragged in the
instant proceedings whereas he has nothing to do with the controversy between
the private parties. Similarly, learned counsel for the respondents Nos.7 and 8
submits that respondents have not issued any threats to the petitioners,
whereas, the FIR was got registered about abduction of Mst. Safiya by
respondent No.7 for the reason that petitioner Mst. Safiya was earlier married
with brother of respondent No.7, therefore, respondent No.7 was of the opinion
that she has been abducted by the accused persons.
IO
of crime No.135/2015 has also shown appearance, who has recorded the statement
of petitioner Mst. Safiya, which has been placed on record, wherein, it has
been stated by Mst. Safiya that she being sui juris has contracted marriage
with petitioner No.2 Zaheer Abbas out of her own freewill without any pressure
or coercion whereas she has not been abducted by any one and is happily
residing with her husband and has pregnancy of seven months. It has been
further stated that all the allegations contained in the aforesaid FIR are
false whereas she has serious threat to her life at the hands of private
respondents, who are continuously issuing threats. Both the petitioners present
in Court verify such statement and request that protection may be provided to
them. Learned counsel for the petitioner submits that in view of statement of
petitioner Mst. Safiya, the allegations as contained in the aforesaid FIR and
the proceedings submitted therein may be quashed and the accused persons
arrested in the aforesaid FIR shall be released.
Learned
Assistant Advocate General in view of hereinabove factual position does not
controvert such position, however, submits that the IO of the case may be
directed to produce the statement of the petitioner Mst. Safiya before the
concerned Magistrate, who may pass appropriate orders for quashment of the FIR
and release of the accused persons nominated therein in accordance with law.
In
view of the statement of petitioner Mst. Safiya, recorded by the IO, it appears
that the contents of FIR regarding her abduction are false and frivolous
whereas the petitioner No.1 has expressed her willingness to go along with her
husband petitioner No.2 Zaheer Abbas. Accordingly, the IO of the case is
directed to produce the statement of petitioner Mst. Safiya before the learned
trial Court within two days, who shall pass appropriate orders for quashment of
FIR and proceedings in accordance with law and also issue release order in
respect of accused persons who have been arrested in the aforesaid crime
whereafter, compliance report may be submitted before this Court through
Additional Registrar, within one week. Petitioner Mst. Safiya is at liberty to
go along with petitioner Zaheer Abbas and live her life as per her own freewill
and choice whereas, concerned police is directed to provide protection to the
petitioners and to ensure that no harassment shall be caused to them in respect
of their marriage. Learned Assistant Advocate General is directed to ask the
concerned SHO to provide escort to the petitioners for safe journey to their
home.
Petition along with the listed
application stands disposed of in the above terms.
JUDGE
JUDGE
N.M.