ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.
No.D-1397 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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14.05.2013
Mr.
Shamsul Hadi, Advocate
along with Petitioners
Mr.
Ali Haider Saleem, A.P.G.
along with ASI Wazir Ali of P.S. Pirjo
Goth.
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Through the instant petition, petitioners
Ghulam Asghar and Mst. Saran have
prayed for the following reliefs:
“It
is therefore prayed that this Honourable Court may kindly be pleased to quash
the F.I.R. No.18/2013 under section 365/B, 382 PPC, police station Peer Goth,
District Khairpur Sindh under section 561-A Cr.PC and
also prayed to save the lives of petitioners above named from the hands of the
respondents Nos.2, 3 and 4 and grant further relief as may be deemed fit and
proper under the circumstances of the case.”
Notices were issued to the respondents
as well as Prosecutor General Sindh.
Petitioner No.2 Mst.
Saran has stated that she has married to the petitioner No.1 on account of
freewill and her uncle has lodged F.I.R. No.18/2013 under sections 365/B, 382
PPC, police station Peer Jo Goth, District Khairpur
Sindh, alleging abduction of petitioner No.2 at the hands of petitioner No.1.
Investigation officer has recorded statement of Mst. Saran
in which she has stated that she has not been abducted, on the contrary she,
while exercising her right of freewill, has married to petitioner No.1 and
F.I.R. has been lodged as a result of such annoyance. Petitioners have prayed
for quashment of the proceedings emanating from
F.I.R. No.18/2013. Investigation officer states that before recording the
statement of petitioner No.2 Mst. Saran he had
submitted challan against Ghulam
Asghar, petitioner No.1 and his brother Ghulam Abbas, who is presently confined at Central Prison, Khairpur and submitted the case is presently pending in the
Court of Sessions Khairpur.
Mr. Ali Haider
Saleem, learned A.P.G. after going through the
statement of Mst. Saran recorded by the investigation
officer recorded no objection for quashment of
proceedings emanating out of F.I.R. No.18/2013 of P.S. Pirjo
Goth, District Khairpur.
We have perused the statement of Mst. Saran, recorded by the Investigation Officer, in which
it is categorically mentioned that Mst. Saran has
married to one Ali Mohammad with her freewill, however, against the wishes of
her parents, resultantly, her uncle has lodged F.I.R. against the husband of
petitioner No.2 and other family members. Even if the allegations contained in
the F.I.R. and other material are admitted even then no offence is made out
against the petitioner’s husband and others. The mala fide of the complainant
is palpably floating on the record, whereby he has entangled petitioner’s
husband and others in connivance with the officer incharge
of concerned police station. On the basis of the allegations which constitute
no offence at all. In this 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 law to step in and to prevent the abuse of process of the
Court and to pass an appropriate order to secure the ends of justice. Relicance can be placed upon the case of HAKIM ALI and another
Vs. PROVINCE OF SINDH through Secretary and 10 others (PLD 2009 Karachi 278).
This is a fit case for quashment of the proceedings, pending in Sessions Court Khairpur. Therefore, for the above stated reasons, petition
is allowed, the impugned F.I.R. and proceedings pending on the basis thereof
are hereby quashed. Ghulam Abbas son of Deedar Ali, brother of Petitioner No.1 shall be released
forthwith if he is not detained in some other case.
Consequently, constitutional petition
stands disposed of accordingly.
JUDGE
JUDGE
Gulsher/PA