Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 561-A & 164--Pakistan Penal Code, (XLV of 1860), S. 365-B--FIR--Queshment of--Prayer for--Allegation of--Abduction and zina--Confessional statement--`Sui juris'--Valid marriage--Free will and consent--They owned their marriage--Held: Consent and approval of complainant (father) was not a conditional precedent for valid marriage of his sui juris 22/23 years old daughter with petitioner--A sui juris Muslim female can enter into a valid "Nikah/Marriage of her own free will--Keeping her in Darul Aman against her wishes amounts to unlawful confinement--Further held: Detention of lady in Darul Aman by Sessions Judge was declared as null and void and without jurisdiction so, she was set at liberty--This was a case of abuse of process of law on part of police so, investigating agency cannot be allowed to investigate case--FIR was quashed and accused persons were set at liberty. PLD 2004 SC 219, PLD 1984 FSC 93, PLD 1981 FSC 308, 1970 SCMR 437, 1998 PCr.LJ 1558, 1995 PCr.LJ 2085, rel. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 491 & 491-A--Proceedings--Allotted sphere of Sessions Judge seized of an application u/S. 491 A--Proceedings u/S. 491 & 491-A Cr.P.C. are summary in character--These proceedings are not intended to go beyond summary consideration of question essentially relevant to alleged detention i.e. whether a detenue is to be set at liberty and as a consequence there of be permitted to go with person of his or her choice or to drop proceedings when detention is found legal--Court while deciding an application u/S. 491/491-A is not required to go into question of status or relationship of parties by holding full--fledged trial of counter claims and it should concern with free will of detenue. THIS JUDGMENT DELIVERED BY: KAZIM ALI MALIK, JUSITCE---.--- Sajjad Hussain, respondent/complainant got registered case F.I.R. No. 229 dated 22.4.2008 under Section 365-B P.P.C. at Police Station Mumtazabad, Distt. Multan with an allegation that on 17.4.2008 his unmarried daughter Mst. Huma Bibi left for Degree College for Women, Mumtazabad to appear in Secondary School Certificate Examination, but…

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