ORDER SHEET

IN THE HIGH COURT OF SINDH

CIRCUIT COURT, HYDERABAD

C.P. No.D- 873 of 2009

Order with signature of Judge

                                                Present.

                                                Mr. Justice Amir Hani Muslim

                                                Mr. Justice Ahmed Ali Sheikh

1.  For orders on MA 3746/09

2.  For orders on office objection.

3.  For orders on MA 3747/09.

4.  For Katcha Peshi

5.  For orders on MA 3748/09.

24-12-2009

Mr. Farhad Ali Abro, Advocate along with Petitioner.

M/s Allah Bachayo Soomro, Addl. A.G. Sindh and Muhammad Iqbal Kalhoro, A.P.G, present in Court waives notice.

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We have recorded the statement of the Petitioner in Court, who claims that she has married to Dildar Ali out of her own free will. She claims that she has neither been abducted nor is staying with him against her wishes. She has produced before us the copies of the Nikah Nama and the Affidavit, on which she admits her signatures. An F.I.R No. 82 of 2009 has been lodged with Police Station Babarlo by her brother-in-law. According to the Petitioner, the police has not submitted the challan. The Petitioner seeks quashment of the said F.I.R. The Petitioner is the material witness in the aforesaid F.I.R. In these circumstances, continuance of the proceedings culminating from the aforesaid F.I.R initiated by her brother-in-law against the Petitioner’s husband Dildar Ali or persons nominated in it would be an abuse of process of Court as the Petitioner is the material witness who denies abduction. We accordingly quash the F.I.R. bearing Crime No. 82/09 of P.S Babarlo, District Khairpur.

The S.P. Investigation and the Sessions Judge, Khairpur, be faxed this order for their information and compliance.

This Constitutional Petition stands disposed of in the above terms along with listed applications.

                                      JUDGE

JUDGE