ORDER SHEET

HIGH COURT OF SINDH, KARACHI

C.P. NO.d-155/2012

Date Order with signature of Judge

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1. For katcha peshi.

2. For hearing of Misc. 1602/12

22.05.2012

Mr. Hussain Bux Saryo, Advocate for petitioners.

Mr.Altaf Hussain Khoso, Advocate for private respondent.

Mr. Sher Muhammad Shaikh, Addl.A.G.

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Through this petition the petitioners seek quashment of FIR No.149/2011 under Section 365-B, 452, 395, 148 and 149 PPC, P.S. Mohbat Dero. As per the FIR, Munawar Ali Darwan had kidnapped Yasmeen, who is already married with Rasheed Ahmed. Petitioner Yasmeen says that she has not been kidnapped but has contracted marriage with Munwar Ali Darwan out of her free will after obtaining khula from Civil & Family Judge, Karachi West in Family Suit No. 1070/2011.

The case of the Respondent is that the judgment in the above mentioned Family Suit No.1070/11 has been forged as number of the Family Court is not mentioned therein and that the said suit was filed by Mst. Naila d/o Abdul Salam against Muhammad Aslam son of Haji Muhammad Yasin.

Counsel for the petitioners when confronted with this position was unable to reply. During the pendency of the case it was stated by Wali Muhammad Bhatti that her daughter Kulsoom has been kidnapped. Today Kulsoom, who is about 9/10 years old has been produced in Court and stated that she went with Yasmeen with the permission of her father, who then asked her father to compel Rasheed Ahmed to divorce Yasmeen. She further stated that yesterday she was left at the Police Station.

In view of the above disputed question of facts, we are unable to find any justification to quash the FIR. The question of second marriage during the subsistence of the marriage is also a mater which is to be decided by a Family Court and then by Criminal Court. As regards the allegation of producing false judgment, the M.I.T is directed to verify the same from the concerned Court so that appropriate action could be taken against all the concerned under the law.

With the above observations, the petition is dismissed. Mst Kulsoom is free to go with her father who is present in Court.

JUDGE

sharif