IN THE HIGH COURT OF SINDH AT KARACHI.
Date Order with signature of Judge
For Katcha Peshi.
Dated: 20.06.2012
Mr. Muhammad Jurial Rajper for the petitioners along with petitioners present in person.
Mr. M. Shafi Mughal, Addl. Advocate General along with SIP Abdul Majeed Jatt, I/O
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Through instant petition the petitioners have sought for quashment of FIR No.103 of 2012 registered under sections 365(b), 452, 148, 149 PPC at police station Naushero Feroze. It has been stated by the counsel for the petitioners that the petitioner No.1 Mst. Naheed, being sui-juris, has contracted marriage with petitioner No.2 namely Majid Hussain out of her own free will and without any pressure or coercion, which has antagonized her family members who have got registered a false FIR about her alleged abduction.
Notices were issued, pursuant to which I/O Naushehro Feroze has appeared and has recorded statement of petitioner No.1 Mst. Naheed and also placed a copy of such statement on record. It has been stated in the statement by petitioner No.1 that she begin sui-juris has contracted marriage out of her own free will and without any pressure or coercion with petitioner No.2 namely Majid Hussain, and she is happily residing with him. She further stated in her statement that she was not abducted by anyone and wants to live with her husband, petitioner No.2, as per her own free will and choice. Petitioner No.1 present in Court has also reiterated her statement before this Court. Learned counsel for the petitioners, in view of the above statement of the petitioner No.1, submits that since the allegation of abduction stood falsified the other allegations are also equally false, hence the instant FIR and the proceedings emanating therefrom may be quashed. To this submission learned Addl. Advocate General states that since the matter pertains to the police station Naushehro Feroze which falls within the jurisdiction of High Court of Sindh Sukkur Bench, therefore, the I/O of the case may be directed to submit final report, keeping in view the statement of the petitioner No.1 before the concerned Magistrate and to seek discharge of the case in accordance with law.
Accordingly, we dispose of this petition with directions to the I/O to submit the final report before the concerned Magistrate along with statement of petitioner No.1 and seek discharge of the case in accordance with law and to submit compliance report through MIT-I within 15 days. The concerned SHO is directed to provide protection to the petitioners in accordance with law. To further address the concern of the petitioners, the respondents are directed to act strictly in accordance with law and not to cause any harassment to the petitioners. In case if any of the respondents causes any harassment to the petitioners the petitioners shall be at liberty to approach the concerned police station who shall take action against such person in accordance with law. The petitioner No.1 is at liberty to go along with her husband, the petitioner No.2 and live her life as per her own free will and choice.
Petition stands disposed of in above terms.
Judge