Order
Sheet
IN THE HIGH COURT OF SINDH, BENCH
AT SUKKUR
C. P. No. D – 664 of 2020
Before :
Mr. Justice Adnan-ul-Karim Memon
Mr. Justice Yousuf Ali Sayeed
Petitioners : Mst. Momina and another
Through Mr. Alam Sher Bozdar, Advocate
Respondents 1 to 7 : Province of Sindh and others
Through Mr. Ahmed Ali Shahani, Assistant Advocate General Sindh
Respondents 8 &
11: Ghous Bux Sahto and another
Through Mr. Aamir Mustafa Kamario, 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.54/2020,
registered at P.S. Setharja, District Khairpur, for offences punishable under
Section 452, 365-B PPC. As per record, interim charge sheet under Section 173
Cr.P.C has been filed by the Investigation Officer before learned trial Court on
14.07.2020.
On 08.07.2020, the petitioner No.1
appeared alongwith her husband before this Court and stated that she has
contracted marriage with Petitioner No.2 namely Qurban Ali. She further stated that
due to aforesaid un-ceremonial marriage, her father (i.e. Respondent No.8),
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 by Respondents No. 2 to 6, taken on record;
copies whereof have been provided to the learned Counsel for the petitioners.
Mr. Amir Mustafa Kamario, advocate files Vakalatnama on behalf of Respondents
No.8 & 11, which is also taken on record.
Petitioner Mst. Momina, present in Court, reiterated her earlier stance
made on 08.07.2020 and categorically submits that she has contracted valid 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.8 has lodged the false FIR in that regard, complaining
of her abduction by Petitioner No.2. She affirms her stance made earlier on 08.07.2020
that since she has voluntarily married with Petitioner No.2, therefore, she
wants to go with him.
SIP
Rabnawaz Manganhar of P.S. Setharja/I.O., present in Court, upon direction, has
recorded the statement of the Petitioner No.1 and he will submit such 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. Setharja, District
Khairpur 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