C

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-1967 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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11.10.2013

Mr. Ghulam Sarwar Bohio, Advocate along with Petitioners

Syed Abdul Waheed, Advocate for Respondent No.5.

Mr. Khadim Hussain, D.P.G.

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Through instant petition filed on 07.05.2013, petitioners Ashiq Ali and Nadia, seek following relief:

(a) To quash the F.I.R. No.81/2013 under sections 365-B/364/34 PPC registered at P.S. Tando Adam lodged by the complainant/respondent No.5 against petitioner No.1 and his relatives as it is totally false and lodged with mala fide intentions and release the brother of petitioner No.1.

(b) This Honourable Court may be further pleased to personally call the respondents and to restrain the respondents not to harass threaten and arrest the petitioners and relatives of petitioner No.1 (the co-accused persons) in any manner and the police respondents may provide shelter/protection to the petitioners and their family members, as they have fear of their lives at the hands of respondents.

Notices were issued to the respondents as Advocate General Sindh.

Comments have been filed by respondent No.2, S.H.O. P.S. Tando Adam. I.O. has stated that he recorded statement of Mst. Nadia in which she has stated that she has married to Ashiq Ali with her own will and she has not been abducted by anyone.

Today, petitioner No.2 is present in Court and stated the same facts that she has not been abducted but she being sui juris has married to petitioner No.1 Ashiq Ali.

Learned D.P.G. as well as learned Advocate for respondent No.5/Complainant, in these circumstances, recorded no objection to the quashment of the proceedings.

Learned advocate for the petitioners argued that Mst. Nadia has married to petitioner No.1 Ashiq Ali. No offence under section 365-B/364/34 PPC is made out.

Mst. Nadia, petitioner No.1 in her statement recorded by I.O. has categorically stated that she has married to petitioner No.1 Ashiq Ali and she has not been abducted by anyone, therefore, offence under sections 365-B/364/34 PPC is not made out. The proceedings arising out of F.I.R. No.81/2013 under sections 365-B/364/34 PPC registered at P.S. Tando Adam would be abuse of the process of law , the same are hereby quashed while relying upon the case of Rizwana Bibi versus The State and another (2012 SCMR 94), in which it has been observed that, “Notwithstanding petitioner’s statement before this Court and her marriage with a person of her choice as also the Constitutional command referred to above, we were surprised that the learned State counsel still opposed the prayer for the quashment of the case and insisted that petitioner should appear before the trial Court”.

Consequently, petition is allowed.

JUDGE

Gulsher/PA