ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No.D-4015 of 2012

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Date Order with signature(s) of Judge(s)

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For Katcha Peshi

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21.05.2013

Mr. Abdul Lateef Laghari, Advocate along with petitioners

Mr. Ali Haider Saleem, A.P.G. along with ASI Ghulam Murtaza of P.S. Ghora Bari, District Thatta.

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Through the instant constitution petition, petitioners Mst. Zahida and Ghulam Mustafa have prayed for the following reliefs:

(a) To quash the alleged F.I.R. No.78/2012 under Sections 395, 365-B/493, 114, 34 PPC, P.S. Ghorabari.

(b) To direct the trial Court to stop proceedings of the case till final decision of the instant petition.

(d) To direct the concerned police officials to provide legal protection to the petitioners and further be directed them to restrain to harass and visit the house of the petitioner and their relatives.

(e) To any other relief(s), which this Honourable Court may deem fit and proper according to the circumstances of the case.”

Notices were issued to the respondents as well as Prosecutor General Sindh.

Brief facts leading to the filing of instant petition are that Petitioner No.1 Mst. Zahida stated that she being sui juris has, with her sweet will, without any compulsion or coercion, married to the petitioner No.2 at Thatta on 29.08.2012. Copy of Nikahnama and free will have been placed on record. Her father Muhammad Hashim was annoyed with the marriage of the petitioner No.1 and he lodged F.I.R. No.78/2012 under sections 395, 365-B, 493, 114, 34 PPC at P.S. Ghorabari, District Thatta against petitioner No.2 and his relatives.

I.O., without recording the statement of Mst. Zahida submitted challan against the accused under section 512 Cr.PC. Learned A.P.G. states that case is presently pending in the Court of Sessions, Thatta.

Learned Advocate for the petitioner argued that Mst. Zahida has married to the petitioner No.2 Ghulam Mustafa with her free without any compulsion and she was not previously married to anybody. He has referred to the copy of Nikahnama and affidavit of free will and submitted that investigation officer has recorded statement of Mst. Zahida in which she has stated that she has not been abducted but she has married to petitioner No.2 with her free will. Proceedings would be abuse of process of law.

Mr. Ali Haider Saleem, learned A.P.G. has recorded no objection if the proceedings emanating out of F.I.R. No.78/2012 under sections 395, 365-B, 493, 114, 34 PPC at P.S. Ghorabari, District Thatta are quashed on the basis of statement of Mst. Zahida.

We have perused the statement of Mst. Zahida, recorded by the Investigation Officer, in which Mst. Zahida has categorically stated that she has married to petitioner No.2 Ghulam Mustafa with her freewill, however, against the wishes of her parents. Her father has lodged F.I.R. against her husband and his relatives. Even if the allegations contained in the F.I.R. and other material are admitted even then no offence under sections 395, 365-B, 493, 114, 34 PPC 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. 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).

This is a fit case for quashment of the proceedings, pending in Sessions Court Thatta. Therefore, for the above stated reasons, petition is allowed, the impugned F.I.R. and proceedings pending on the basis thereof are hereby quashed.

Consequently, constitutional petition stands disposed of accordingly.

JUDGE

Gulsher/PA