Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P. No. D – 601 of 2020

Before :

Mr. Justice Adnan-ul-Karim Memon

Mr. Justice Yousuf Ali Sayeed

Petitioners : Mst. Nadia Mirani and another

Through Mr. Abdul Raqeeb Noonari, Advocate

Respondents 1 to 4 : Province of Sindh and others

Through Mr. Ahmed Ali Shahani, Assistant Advocate General Sindh

Respondent No.5 : Muhammad Imran Gagar

Through Mr. Allah Bux Gabol, Advocate

Date of hearing : 22.07.2020.

Date of order : 22.07.2020.

O R D E R

ADNAN-UL-KARIM MEMON, J. – Through this petition, the petitioners have prayed for quashment of FIR No.292/2020, registered at P.S. Ferozabad, Karachi (East), for offence punishable under Section 365-B, 34 PPC, wherein report under “A” class has been submitted by the Investigation Officer on 22.06.2020.

On 16.06.2020, the petitioner No.1 was appeared alongwith her husband before this Court and contended that she has contracted marriage with Petitioner No.2 namely Ghulam Mustafa. She further contended that due to aforesaid un-ceremonial marriage, her brother (i.e. the Respondent No.5) being annoyed, wrongly lodged the aforementioned FIR, regarding her so-called abduction by the Petitioner No. 2.

In pursuance of Court’s notice, Comments have been filed today by Respondents No. 2, 3 & 4, taken on record; copy whereof have been provided to the learned Counsel for the petitioners. Mr. Allah Bux Gabol, advocate files Vakalatnama on behalf of Respondent No.5, which is also taken on record. Petitioner Mst. Nadia Mirani, present in Court, reiterated her earlier stance made on 16.06.2020 and categorically submits that she has contracted marriage with the Petitioner No.2 of her own freewill and consent; however, her father and other family members are extending threats to her and her spouse for dire consequences. She categorically denies the allegation of her abduction and states that the Respondent No.5 has lodged the false FIR in that regard, complaining of her abduction by the Petitioner No.2. She affirms her stance made earlier on 16.06.2020 that since she has voluntarily married the Petitioner No.2, therefore, she wants to go with him.

SIP Akhtiar Ali Bullo/I.O, present in Court, upon direction, recorded the statement of Petitioner under Section 161 Cr.P.C and submit that he will submit report in the line of such statement before the concerned Magistrate. Let the needful be done accordingly so that an appropriate order may be passed by the concerned Magistrate on such report. In the meantime, SHO P.S. Ferozeabad, Karachi (East) is directed to ensure protection of petitioner and her husband. It is also made clear that nobody shall be arrested under the aforesaid FIR.

In view of whatever mentioned above, the instant petition stands disposed of alongwith pending application(s).

JUDGE

Faisal Mumtaz/ PS JUDGE