ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.Misc.Appl.No.D-  345  of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            1. For orders on office objection.

            2. For Katcha Peshi.

03.09.2010

Mr. Altaf Hussain Khokhar, Advocate for applicant a/w applicant.

Syed Meeral Shah, D.P.G for the State a/w I.O Khalil Rehman of P.S Rehmatpur, District Larkana.

Badaruddin, Respondent No.2 present in person.

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Through this application, the applicant seeks quashment of proceedings culminating from Crime No.117 of 2009 of P.S Rehmatpur District Larkana for offence U/s 365-B PPC.

Respondent No.2 Badaruddin who happens to be father of applicant/abductee and complainant of Crime No.117/2009 is present in person and states that the case is sub-judice before the trial Court. He further states that applicant/abductee is his real daughter and she was abducted by the accused.

Mr. Altaf Hussain Khokhar, learned counsel for the applicant contended that FIR bearing Crime No.117/2009 registered by Respondent No.2 is false and fabricated. He further contended that neither Mst. Shabnum alias Shabana the alleged abductee was abducted by any one else nor compelled to marry against her wishes. Per learned counsel, prior to this she was married with Rizwan but later on she filed a suit for dissolution of marriage as such her marriage with Rizwan stood dissolved by Civil  & Family Judge-VI, Hyderabad vide judgment dated 4.1.2010 and subsequently she contracted second marriage with Gul Hassan alias Nadeem on 8^th March 2010. Per learned counsel said Nikahnama was reduced in writing and the applicant had also sworn her affidavit of free will in this regard.

Applicant Mst. Shabnum alias Shabana is also present in person. On query she affirms the contents of instant Criminal Miscellaneous Application and categorically states that neither she was abducted by any body nor kept in wrongful confinement. In fact she has contracted marriage with Gul Hassan alias Nadeem on her own accord and free will.

Conversely, learned D.P.G for the State raised no objection if the instant application is allowed. He further contended that in view of the statement of Mst. Shabnum alias Shabana no purpose would be served if the proceedings are continued.

Heard learned counsel for the parties and Respondent No.2 Badaruddin in person.

Admittedly, Mst. Shabnum alias Shabana (abductee) is sui-juris and pubert woman having sufficient maturity and majority has categorically stated that neither she was abducted nor compelled to marry against her wishes. She denied the allegations set up in the FIR and further stated that she has contracted marriage with Gul Hassan alias Nadeem on her own accord and free will.

In view of above, we are of the considered view that continuation of the proceedings would result into miscarriage of justice and amount abuse of process of law. For the foregoing reasons, we allow this application and quash the proceedings culminating from Crime No.117 of 2009 of P.S Rehmatpur.

The Criminal Miscellaneous Application stands disposed of.        

JUDGE

                                                JUDGE

Tufail