Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 364/380---Kidnapping or abducting in order to murder, theft in dwelling house, etc.---Application for quashing of F.I.R.---Complainant-husband had lodged an F.I.R. alleging that his wife (applicant) had been kidnapped by the accused persons with the intention to kill her---Wife contended that the prosecution story was based on false allegations and she was never kidnapped by any person named in the F.I.R.; and that she had already filed a suit for dissolution of marriage against the complainant-husband, which was pending in the Family Court---Validity---Complainant-husband recorded his statement with the Investigating Officer submitting that he did not want to proceed further with the case and had no objection if the proceedings were quashed---Even otherwise, case record showed that wife had filed a suit for dissolution of marriage against the complainant-husband at least 23 days prior to the present F.I.R.---Case diaries of the said suit revealed that wife was present in the Family Court even on the day of the alleged incident, which belied the contention of the complainant-husband, as it was not possible that wife was residing with the complainant-husband in the same house while she was simultaneously pursuing her suit for dissolution of marriage---Allegations of abduction and kidnapping were found to be false and other allegations which were linked with and derivative/sequel of the charge were also found to be fictitious, conjured and based on mala fides---Sections 364 and 380 P.P.C were not attracted to the present case---Permitting present criminal proceedings to continue would have been an abuse of process of the court---Application was allowed and F.I.R. was quashed, in circumstances. Rizwana Bibi v. The State 2012 SCMR 94; Rana Shaihd Ahmed Khan v. Tanveer Ahmed and others 2011 SCMR 1937 and Muhammad Aslam (Amir Aslam) v. DPO, Rawalpindi 2009 SCMR 141 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 364/380---Complainant not objecting to quashment of F.I.R.---Effect---After registration of case and submission of challan the…

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