ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-84 of 2010

DATE         ORDER WITH SIGNATURE OF JUDGE

FOR KATCHA PESHI                                  

01.04.2010.

Mr. Ahsan Gul Dahri Advocate for the petitioner a/w petitioner.

                        Mr. Mumtaz Alam Leghari Assistant Advocate General Sindh, a/w SIP                         Bisharat Ali P.S. Doulatpur.

                                               =

The petitioner seeks quashment of proceedings emanating from Crime No.11/2009 P.S. Pubjo u/s 496/A PPC. The petitioner has affected her appearance and stated that she has not been abducted by any one. On the contrary, she being sui juris has voluntarily married Amir Bux, which caused annoyance  to her parents resulting in the aforesaid crime. The I.O. was called, who has recorded the statement of the petitioner and the petitioner in her statement categorically denied her abduction and further that she has not been married to any one except Amir Bux. In the circumstances, all present state that no fruitful result would be obtained in prosecuting the petitioner or any one nominated in crime No.11/2009 P.S. Pabjo. However, learned Assistant A.G states that since the challan has been filed, therefore, it would be more appropriate that the petitioner to approach the trial Court and to make necessary application in accordance with law.

            We have heard all present and are of the view that since the petitioner herself has stated before us as well as before I.O. that she was neither abducted nor married earlier, therefore, proceedings of Crime No.11/2009 would not only be an exercise in futility but abuse of process of law. In the circumstances, the proceedings emanating from crime No.11/2009 are hereby quashed.

The petition stands disposed of.

                                                                                                JUDGE

            JUDGE