ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C. P. No.S-813 of 2010. _____________________________________________________
Date Order with signature of Judge
For Katcha Peshi
07.10.2010.
Mr. Nasir Rizwan Khan, Advocate for the Petitioner.
Mr. Abdullah Rajput, A.P.G. alongwith S.I. Muzaffar Ahmed, P.S. Baloch Colony, Karachi and Respondent No.2 Muhammad Waseem, SI, P.S. Tanda, District Gujrat (Punjab)
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Through instant petition, the petitioner Mst. Saman Ghazanfar daughter of Ghazanfar Ali, has sought protection from the respondents, who according to the petitioner are causing harassment at the instance of the parents of the petitioner. Learned counsel for the petitioner stated that the petitioner being sui juris has entered into a contract of marriage with one Sajid son of Shabbir Hussain, which has annoyed the parents of the petitioner, who are continuously harassing the petitioner through police. Per learned counsel, respondents No.3 & 4 are attempting to arrest the petitioner and her husband through respondent No.2 and take away the petitioner and her husband to Gujrat (Punjab).
Notices were directed to be issued to the respondents by this Court. In response to which SHO, P.S. Baloch Colony, has submitted his comments wherein it has been stated that no action whatsoever is being taken against the petitioner or her husband nor there is any FIR pending against them. SI Muhammad Waseem, P.S. Tanda, District Gujrat (Punjab), who is also present in Court on Court notice, has filed comments alongwith copy of FIR bearing No.217/2010 under Section 365-B PPC, registered with P.S. Tanda, District Gujrat, against the petitioner’s husband and his family members. SI Muhammad Waseem, who is stated to be the I/O in the above referred FIR was directed to record the statement of the petitioner in connection with the FIR. Such statement has been recorded and the same has been placed on record. From the perusal of the statement, it appears that the petitioner has stated that she being sui juris has entered into a valid contract of marriage with Sajid son of Shabbir Hussain on 22.06.2010 out of her free will without any pressure or coercion and has not been abducted by any one and has never married earlier except Sajid. She has further stated that there is no truth in the FIR, which is false. The petitioner is present in Court and reiterated the same facts and stated that she want to go with her husband namely Sajid and doe not want to go back to her parents from whom she has great fear of her life.
Learned counsel for the petitioner states that in view of the statement of the petitioner, all the allegations leveled in the FIR No.217/2010 are falsified, hence the same is liable to be quashed. The learned APG in view of the statement recorded by the I/O and the verification of the same before this Court by the petitioner submits that the contents of the FIR stands falsified and no action is warranted against the petitioner and the persons nominated in the instant FIR, which may be quashed. On perusal of the FIR it appears that the same has been registered on 28.09.2010 after issuance of notice from this Court in the instant petition, lodging an incident of abduction of the petitioner purported to have taken place about 04 months prior to the registration of the FIR. Moreover, the petitioner has got her statement recorded under Section 161 to the concerned I/O today, wherein she has categorically denied all the allegations contained in the said FIR. Petitioner has also reiterated the same facts before this Court and has categorically stated that neither she was abducted by anyone nor she was ever earlier married except with Sajid, who is also present in Court, and further stated that she want to go with her husband and lead the marital life.
Keeping in view hereinabove facts, the allegations contained in FIR No.217/2010 stands falsified and no further legal action can be taken against the persons nominated in the FIR for the alleged offence. Accordingly, the instant petition is disposed of with the direction that the petitioner her husband namely Sajid son of Shabbir Hussain and the persons nominated in the FIR was not to be arrested or harassed in connection with their marriage. SI Muhammad Waseem, P.S. Tanda, District Gujrat (Punjab), who appears to be I/o in the above referred FIR is directed to submit the statement of the petitioner recorded in this Court today before the concerned Court and seek appropriate orders and get the case disposed of in accordance with law keeping in view the proceedings hereinabove. Copy of this order may also be provided to the concerned Court and thereafter the I.O present in Court shall submit compliance report to this Court after obtaining the proper orders in the instant FIR, preferably within a period of 15 days. Official respondents are further directed to provide legal protection to the petitioner, her husband and the persons nominated in the above FIR as and when sought as per law.
The petition stands disposed of in the above terms.
J U D G E