ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C. P. No. D – 594 of 2020

Date of hearing

Order with signature of Judge

 

 

       Present

Mr. Justice Adnan-ul-Karim Memon

          Mr. Justice Yousuf Ali Sayed

 

Petitioners                 :           Mst. Bashirani Jagirani and another

Through M/s. Shabiran Lashari and Mr. Athar

Hussain Abro, advocates

Respndents              :           Mr. Zulfiqar Ali Naich, Assistant Advocate

General, Sindh

           

Date of hearing        :           15.07.2020

Date of Order            :           15.07.2020

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O R D E R

 

 

ADNAN-UL-KARIM MEMON, J:         Through the captioned petition, the petitioners seek quashment of FIR bearing No.38/2020, for offences under Section 365-B, 452, 147, 148 and 149 PPC, registered at P.S. Khuhra, District Khairpur.

          At the very outset, learned Counsel for the petitioners states that the purpose of filing of this petition is over on the premise that petitioner No.1 has recorded statement before the investigating officer with the assertion that she was neither abducted nor enticed away by anyone including the petitioner No.2. She further asserted in the statement that she contracted a valid marriage with Petitioner No.2 out of her sweet will and wish and now they are living happily. In view of such statement of the petitioner No.1, the investigating officer disposed of the aforesaid crime under cancel class and such summary report was submitted before the learned 3rd Civil Judge and Judicial Magistrate, Gambat, for appropriate order. Per learned Counsel, summary order has not yet been passed by the learned magistrate till date.  

          At this juncture, learned Counsel for the petitioners seeks disposal of instant petition in view of summary report submitted by the investigating officer.

          Learned AAG has candidly conceded the aforesaid legal position of the case and endorsed the stance of the learned Counsel for the Petitioners.

          This being the legal position of the case, let summary order be passed by the learned 3rd Civil Judge/Judicial Magistrate, Gambat, if not passed earlier, within a reasonable time in terms of the statement of Petitioner No.1 recorded before the investigating Officer.

          Petition stands disposed of alongwith pending application(s). Let a copy of this order be transmitted to the learned 3rd Civil Judge/Judicial Magistrate, Gambat, for compliance.   

 

Judge

                                                Judge