ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No. D-  568 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

4.11.2009

Mr. Nandan A. Kella advocate for Petitioner

Mr. Rehmatullah Hisbani advocate for Respondents

Mr. Mukhtiar Ahmed Khanzada State Counsel.

            The Petitioners present in Court states that they have embraced Islam and have married under Islamic Law. Copy of the certificate and Nikahnama are placed before us. The Petitioner No.1 present in Court states that she has married after embracing Islam to Petitioner No.2 namely Ghulam Farooq who has also embraced Islam and therefore her earlier marriage in view of the conversion has been dissolved. The FIR has been registered by the police at the instance of Respondent No.4 who was her previous husband when she was non-muslim. Since the statement has been made before this Court we direct the police not to arrest the petitioners or any other present nominated in the FIR. The challan in the above FIR has been submitted.

The Petitioners dispute the contents of the FIR No.33 of 2009 police station Peerumal. No fruitful purpose will be achieved if the proceedings culminating from Crime No.33 of 2009 are allowed to continue before the Trial Court as such at the oral request of the Petitioners Counsel we convert this petition into Cr.Misc. Application and accordingly quash the proceedings culminating from FIR No. 33 of 2009 police station Peeru Mal against the Petitioners and those nominated in the said FIR.

            Office is directed to number this petition as Cr.Misc. Application.

            Copy of this order be faxed to the concerned for compliance.

                                                                                                            JUDGE

                                                                                    JUDGE