ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P No.D-575 of 2011

DATE         ORDER WITH SIGNATURE OF JUDGE

1. FOR KATCHA PESHI.

2. FOR HEARING OF MA NO.2419/2011.

13-04-2011

Mr. Khalid Saeed Soomro, Advocate for the Petitioners along with Petitioners.

Mr. Muhammad Azeem Panhwar, State Counsel along with ASI Ghulam Shabbir (I.T), PS Jamshoro.

………………….

            Petitioners Mst. Sajida and Mumtaz Ali seek quashment of crime No.90/2011, U/S: 365-B, PPC of PS Jamshoro, District Jamshoro.

Petitioner Mst. Sajida states that she is 24 years of age and has voluntarily by exercising her right of free will married the Petitioner Mumtaz Ali, which has annoyed her father who has lodged a false F.I.R. regarding her abduction. She states that she has not been abducted by anyone, on the contrary she has married Petitioner No.2 who is already a married man and have seven children. Respondent No.5 was allowed to have interviewed with the Petitioner No.1 and the Investigating Officer was also directed to record her statement. The Petitioner even after lengthy interview with Respondent No.5 her father, insists that she would go with her husband Mumtaz Ali and the crime is false and she has not been abducted. The Investigating Officer says that the Petitioner in her statement also asserting that she has not been abducted and voluntarily married with Petitioner No.2.

The learned State Counsel also does not support the crime as according to him the star witness of the prosecution i.e. abductee has denied her abduction, therefore, the crime cannot sustain.

            In the facts and circumstances, the proceedings emanating from crime No.90/2011, U/S: 365-BPPC of PS Jamshoro, District Jamshoro are quashed.

            The petition along with listed application stands disposed of in the above terms.

JUDGE

JUDGE

A.C