IN
THE HIGH COURT OF SINDH AT KARACHI
C.P.No.D-2454
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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Date of Hearing : 10.09.2013
Mr. Altaf Hussain
Khoso, Advocate for Petitioner along with Petitioner
Mr. Sher Muhammad
Shaikh, Additional Advocate General Sindh
ASI Ghulam Haider Shah of P.S.
Sujawal.
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Through the
instant constitutional petition, petitioner has prayed for the following
reliefs:-
“(1) To quash the
FIR lodged by the respondent No.2 on 25.05.2013 at about 18:30 hours, bearing
No.64/2013, under sections 365-B, 395, 147, 148 PPC of P.S. Sujawal, District
Thatta being illegal and unlawful.
(2) To direct the
S.H.O./Respondent No.3 to 6 to provide legal protection to the petitioner.
(3) To direct the
Respondent No.7 to 10 to issue necessary directions to the respondents Nos.3 to
6 to provide protection and do not harass petitioner, her husband and in-laws under the constitution of
Pakistan.
(4) To direct the
Respondents No.3 to 6 to release the persons arrested in F.I.R.’s, if so and
quash the same as false, illegal and unlawful.
(5) To provide
security/protection for life and property of the petitioner and her husband,
further the directions to respondents No.7 to 10 to direction to the
respondents Nos.3 to 5 not lodge false and fabricated cases against petitioner
and her husband.
(6) To grant any other
relief(s) which this Honourable Court may deem fit and proper in the
circumstances of the case.”
2. Notices were
issued to the Respondents as well as Advocate General Sindh. Petitioner Mst. Sartaj
appeared before the Court and stated that she being sui-juris has married to Zohaib
Hussain Qazi, against the wishes of her parents at Karachi. She further stated
that her uncle Zulfiqar Ali, Respondent No.2, has lodged FIR No.64/2013 at P.S.
Sijawal against her husband and others. Petitioner further states that she has
not been abducted by anyone but she married to Zohaib Hussain Qazi out of her
own freewill and against wishes of her father and is passing her happy life.
Investigating officer has also recorded the statement of Mst. Sartaj, in which
she has stated that she has not been kidnapped by anyone and she has married to
Zohaib Hussain Qazi and passes happy life.
3. Mr. Sher Muhammad
Shaikh, learned Additional Advocate General Sindh in above stated circumstances,
recorded no objection in case proceedings emanating from Crime No.64/2013 are
quashed.
4. From perusal
of the affidavit of the Petitioner, copy of Nikahnama and her statement
recorded u/s 161 Cr.P.C, it appears that she has not been abducted but she has
married according to her choice, as such, no case under Sections 365-B, 395, 506/2,
34 PPC is made out while relying upon case of Hakim Ali and another Vs. Province of Sindh through Secretary and 10
others (PLD 2009 Karachi 278). We hold that this is a fit case for
quashment of the proceedings. Therefore, for the above stated reasons, Petition
is allowed, the impugned FIR and proceedings pending on the basis thereof are hereby
quashed.
Above are
the reasons of our short order announced on 10.09.2013.
JUDGE
JUDGE
Gulsher/PA