ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.
No.D-616 of 2013
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Date Order with signature(s) of Judge(s)
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For Katcha Peshi
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21.03.2013.
Mr.
Imdad Ali Ujjan, Advocate
along with Petitioners
Mr.
Sher Muhammad Shaikh, Addl: A.G. Sindh along with SIP Aijaz
Ali Massan, SHO P.S. New Foujdari,
Shikarpur
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Through this
Constitutional petition, Petitioners Mst. Samina and Sajjad have prayed for
following reliefs:-
(a)
To pass order against respondent No.3
and 5 not to arrest the petitioners and quash the FIR and should bring the
respondent Nos.5 and 6 before this Honourable Court,
the reasons is that respondents are residing in the jurisdiction of respondent
No.4 for mercy on the life of petitioners to enjoy their life happily with
their family members in their village.
(b)
To direct the respondent No.2 to 4 to
provide protection to the petitioners from the respondent No.5 and 5.
(c)
To date strict legal action against the
respondents Nos.5 and 6, accordance with law who cause harassment, mental
torture and mental agony to the petitioner and his family members.
(d)
To direct the respondent No.3 (SHO P.S.
New Foujdari, to act in accordance with law and
perform his duties as required under the law.
(e)
Any other relief(s) which this Hon’ble Court deems fit and proper.
2. Notices were
issued to the respondents as well as Advocate General Sindh. Investigation
Officer of Crime No.07/2013 registered at police station New Foujdari, District Shikarpur
appeared and stated that he has recorded statement of Mst.
Samina under section 161 Cr.PC
in which she has stated that she has married to one Sajjad
without any compulsion but against the wishes of the parents. It is the matter
of record that FIR has been lodged by Asghar Ali,
brother of the petitioner Mst. Samina
under sections 365-B, 452, 148, 149 PPC. Petitioners state that they have contracted
marriage and pass happy life.
It appears
that Petitioner No.1 Mst. Samina
has married to Petitioner No.2 Sajjad against the
wishes of the parents, consequently FIR has been against
the petitioner No.2 and others at Police Station New Foujdari,
District Shikarpur under sections 365-B, 452, 148,
149 PPC by brother of Mst. Samina.
Interim challan has been submitted in Court. Learned A.A.G. could not point out
incriminating evidence/material collected against the petitioners and others
during investigation. Even if the allegations contained in the FIR mentioned
above and other material are admitted even then, no offence is made out against
the petitioners and their family members. The malafide
of the brother of Petitioner No.1 who lodged FIR is palpably floating on the
record. Both petitioners are adults, marriage against
wishes of parents is no offence. In the background of the events,
non-interference of the High Court would tantamount to allow illegality and
highhandedness to perpetuate. Rather the High Court would be failing to
discharge its obligations as mandated under the Constitution to step in and to
prevent the abuse of the process of the Court and to pass an appropriate order
to secure the ends of justice. Reliance can be placed upon the case of HAKIM
ALI AND ANOTHER VS. PROVINCE OF SINDH THROUGH SECRETARY AND
10 OTHERS (PLD 2009 KARACHI 278). Therefore, proceedings in this FIR
would be nothing but an abuse of process of the Court. Petitioners’ case is fit
for quashment of proceedings. Therefore, for the
above stated reasons, Petition is allowed, the impugned FIR and proceedings
pending on the basis thereof are hereby quashed. Consequently, Constitutional
Petition stands disposed of accordingly.
JUDGE
JUDGE
Gulsher/PA