ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D- 421 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

                        For Katcha Peshi.

                        For hearing of MA 1885/09.

26.11.2009.

Mr. Abdul Sattar Pathan, Advocate a/w Petitioners.

Mr. Allah Bachayo Soomro, Additional A.G a/w SIP/S.H.O. Peer Allah Bachayo and ASI Muhammad Umer Vighio of P.S Dadu.

                                                -------

            We have recorded the statement of Petitioner No.1 in which she has stated that contents of the F.I.R. No.279/2009 of P.S Dadu are incorrect. She states that she has neither been abducted nor detained by her husband or any of the person nominated in the F.I.R. She prays for quashment of the proceedings of said F.I.R.

            Investigating Officer present states that challan has been submitted and the case is pending before the Sessions Judge, Dadu.

The Counsel submits that at the time when this Petition was filed, challan was not submitted now the challan has been submitted therefore, he prays that proceedings culminating from F.I.R. No.279/2009 U/s 365-B, 496-A PPC of P.S Dadu may be quashed.

            We accept his oral request and convert this petition into Criminal Miscellaneous Application under section 561-A Cr.P.C. Office to number it as Criminal Miscellaneous Application..  

Since the Petitioner No.1 who is material witness has stated before us in her statement that she has not been abducted or detained by any person at the instance of her husband as alleged in the F.I.R., continuous of the proceedings before the trial Court in such event, is abuse of process of the Court. We accordingly, quash the proceedings culminating from Crime No.279/2009 U/s 365-B, 496-A PPC of P.S Dadu. Copy be faxed to the trial Court.

                        Disposed of.

                                                                             JUDGE

                                      JUDGE

T.

DEPOSITION OF WITNESS NO._________ EX.________

STATEMENT OF PETITIONER NO.1.

I do hereby state on solemn affirmation/oath as under:-

My name is:               Zainab                        

Father’s name:           Bakhshal

Wife of:                       Muhammad Khan                 

Age about:                  20 years

By caste:                    Sohag                                     

Occupation:                Household.

Resident of:                Village Allah Rakhio Swhag, Taluka & District Dadu.

EXAMINATION IN CHIEF.

To Court.

                        I am married to Muhammad Khan, the Petitioner No.2 about 7/8 months back at Karachi. I, out of my own free will have married with Petitioner No.2 and since then I am living with him. I am his legal wedded wife. I have not been married to any one before this marriage. After the marriage, the F.I.R. No.279/2009 U/s 365-B, 496-A PPC of P.S Dadu was registered against my husband and others at the instance of Bakhshal who is my father. The contents of the said F.I.R. are concocted and I have neither been abducted nor detained by my husband or by any of the person nominated in the F.I.R. I am sui-juris and want to live with my husband. After I left my parental house, this F.I.R. was registered. I pray that proceedings culminating from the said F.I.R. may be quashed.

No.Re.                                                                        R.O     &   A.C.

                                                                                                JUDGE

                                                            JUDGE

T.