ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Constt: Pett: No. D- 1240 of 2013.

 

 

Date                           Order with signature of judge.

1.For  orders on office objection as flag A.

2.For Katcha Peshi.                                         

04.02.2014.

Mr. Ahmed Hussain Khoso, advocate   alongwith petitioners.

Mr. Imtiaz Ali Jalbani, A.P.G a/w Gul Mohammad Mahar, SHO P.S Thul.

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           Pursuant to court notice,  SIP Gul Mohammad Mahar, SHO P.S A Section Thul has shown appearance and recorded statement of Mst.Kainat D/O Mohammad Ramzan, the petitioner No.1,  which is taken on record.  It has been stated  by the petitioner  that she being sui juris  has contracted  marriage with petitioner No.2  namely Zulfiqar S/O Manzoor Ahmed out of her own free will and without any pressure  or coercion  whereas,  she was not abducted by the petitioner No.2 or any body else.  She has further stated that she is residing happily  with her husband namely Zulfiqar and want to go with him and  to live her  life as per her own choice and free will.  It is further stated that contents of FIR No.171 of 2012  are false.   The petitioner No.1  present in Court  verifies such statement and expressed  her willingness to  go alongwith petitioner No.2   and to live her life    as per her own free will and choice.  

            Learned counsel for the petitioners submits  that in view of the statement of the petitioner No.1 allegation as contained in FIR NO.171 of 2012  of P.S A-Section Thul  stand  falsified   hence requests that the said FIR and proceedings  may be quashed.

                        Learned  A.P.G   submits  that  since the  matter  has already been challaned  before competent court of jurisdiction U/S 512 Cr.P.C, the SHO concerned present in Court  may be directed to file supplementary challan alongwith statement  of alleged abductee  Mst.Kainat before  concerned Court   for seeking appropriate  order in accordance with the law.  

                        Contention of learned A.P.G  under the facts and circumstances  of the case  appears to be correct.  SIP Gul Mohamamd Mahar SHO P.S  A Section Thul  present in Court is directed to file supplementary challan on the basis of statement of the petitioner No.1 Mst.Kainat   before   concerned Magistrate  who shall passed appropriate order thereon and submit compliance report before this Court  within 15 days   through Additional Registrar of this Court.  Learned counsel for the petitioner submits that  as regards crime NO.3/2014 is concerned,  it has been registered malafidely at the instance of mother of petitioner No.1 against the relatives of petitioner No.2.   However, he submits that he will file appropriate proceedings  before the  competent  Court  of jurisdiction to seek quashment  of FIR and proceedings in accordance with law. 

            The petition stands disposed of   with directions to the  concerned police to provide protection to the petitioners in accordance with the law and to ensure  that no harassment  may be caused to them  in respect of their marriage. 

 

                                                                                                            JUDGE  

                                                                                    JUDGE