Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P. No. D – 664 of 2020

Before :

Mr. Justice Adnan-ul-Karim Memon

Mr. Justice Yousuf Ali Sayeed

Petitioners : Mst. Momina and another

Through Mr. Alam Sher Bozdar, Advocate

Respondents 1 to 7 : Province of Sindh and others

Through Mr. Ahmed Ali Shahani, Assistant Advocate General Sindh

Respondents 8 & 11: Ghous Bux Sahto and another

Through Mr. Aamir Mustafa Kamario, Advocate

Date of hearing : 22.07.2020.

Date of order : 22.07.2020.

O R D E R

ADNAN-UL-KARIM MEMON, J. – Through this petition, the petitioners have prayed for quashment of FIR No.54/2020, registered at P.S. Setharja, District Khairpur, for offences punishable under Section 452, 365-B PPC. As per record, interim charge sheet under Section 173 Cr.P.C has been filed by the Investigation Officer before learned trial Court on 14.07.2020.

On 08.07.2020, the petitioner No.1 appeared alongwith her husband before this Court and stated that she has contracted marriage with Petitioner No.2 namely Qurban Ali. She further stated that due to aforesaid un-ceremonial marriage, her father (i.e. Respondent No.8), being annoyed, wrongly lodged the aforementioned FIR, regarding her so-called abduction by the Petitioner No. 2.

In pursuance of Court’s notice, comments have been filed by Respondents No. 2 to 6, taken on record; copies whereof have been provided to the learned Counsel for the petitioners. Mr. Amir Mustafa Kamario, advocate files Vakalatnama on behalf of Respondents No.8 & 11, which is also taken on record. Petitioner Mst. Momina, present in Court, reiterated her earlier stance made on 08.07.2020 and categorically submits that she has contracted valid marriage with the Petitioner No.2 of her own freewill and consent; however, her father and other family members are extending threats to her and her spouse for dire consequences. She categorically denies the allegation of her abduction and states that the Respondent No.8 has lodged the false FIR in that regard, complaining of her abduction by Petitioner No.2. She affirms her stance made earlier on 08.07.2020 that since she has voluntarily married with Petitioner No.2, therefore, she wants to go with him.

SIP Rabnawaz Manganhar of P.S. Setharja/I.O., present in Court, upon direction, has recorded the statement of the Petitioner No.1 and he will submit such report in the line of such statement before the concerned Magistrate. Let the needful be done accordingly so that an appropriate order may be passed by the concerned Magistrate on such report. In the meantime, SHO P.S. Setharja, District Khairpur is directed to ensure protection of petitioner and her husband. It is also made clear that nobody shall be arrested under the aforesaid FIR.

In view of whatever mentioned above, the instant petition stands disposed of alongwith pending application(s).

JUDGE

Faisal Mumtaz/ PS JUDGE