Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

C.P.NO.S-212 OF 2010.

Mst. Najma & another. . . . .V. . . .DPO Badin and others.

Date              Order with signature of Judge

04.06.2010.

FOR KATCHA PESHI.

Mr. Bhagwan Das Bheel, Advocate for petitioners alongwith the petitioners.

Mr. Mukhtar Ahmed Khanzada, Advocate for A.A.G. alongwith ASI/I.O. M. Yakoob.

Mr. Roshan Ali Chandio, Advocate for respondents No.3 and 6.

Ghulam Mustafa alias Nawab, respondent No.3 present in Court.

Riazul Rehman Kerio Principal and Ahsan Ahmed Talpur Assistant Referencer from Special Education GOR Colony, Hyderabad.

. . . .

      Through instant petition, petitioners have sought protection against the harassment allegedly caused by the private respondents with the help of official respondents on account of matrimonial dispute.

      Learned counsel for the petitioners contends that the petitioner No.1 being sui juris has entered into a valid contract of marriage out of her own freewill with petitioner No.2, which has annoyed her father Ghulam Mustafa.

      On 10.5.2010 learned AAG has filed statements on behalf of the official respondents alongwith the F.I.R. No.10 of 2010 registered at P.S. Kadhan, under sections 365-B, 496-A, 382, 458, 506(2), 337-H(ii), 147, 148,149 and 504 P.P.C., lodged by the father of the petitioner No.1 namely Ghulam Mustafa, alleging abduction of petitioner No.1 and other crimes against petitioner No.2.

      On inquiry from the respondent No.1 about her alleged abduction it transpired that she is deaf and dumb. Keeping in view this fact this Court directed to issue notice to Principal Special Education GOR Colony, Hyderabad to assist this Court for recording the statement of the petitioner No.1. Today Riazul Rehman Kerio Principal and Ahsan Ahmed Talpur Assistant Referencer from Special Education GOR Colony, Hyderabad have effected their appearance and statement of petitioner No.1 has been recorded by the I.O. with their assistance, which is taken on record. Such statement reflects that petitioner No.1 on having understood the questions posted by the I.O. through the assistance of Mr. Ahsan Ahmed Talpur Assistant Referencer regarding her alleged abduction categorically stated that she has not been abducted by anyone and she out of her own freewill has entered into a valid contract of marriage with petitioner No.2. She further stated that she is happy with her husband, petitioner No.2 and wants to go and live with him.

      In view of the statement of the petitioner the learned DPG and the I.O. present in Court, concede that no useful purpose will be served by keeping the proceedings emanating from F.I.R. No.10 of 2010 P.S. Kadhan pending, hence the same may be quashed. I am also of the view that since the very allegation of the abduction has been falsified in view of the statement of the alleged abductee, i.e. the petitioner No.1, remaining allegations also stand falsified.

      In view of hereinabove facts, the proceedings emanating from F.I.R. No.10 of 2010 P.S. Kadhan are hereby quashed and the petitioner No.1 would be at liberty to go and live her husband. The Respondents are directed not to cause any harassment whatsoever to the petitioners.

      The petition stands disposed of in the above terms.

                                                         JUDGE

S