Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 365-B & 380---Constitution of Pakistan, Arts.199 & 35---Kidnapping, abducting or inducing woman to compel for marriage and theft in dwelling house---Quashing of F.I.R.---Constitutional petition---Maintainability---Aggrieved person---Scope---Parents and brother of petitioner-abductee were not willing with regard to her marriage with the accused might not be an "aggrieved person" but an extended meaning had to be given to the expression "aggrieved" contained in Art. 199 of the Constitution being wife of accused was aggrieved by the registration of case against her husband and his relatives---Registration of case was not only causing agony and distress to her husband but she was also undergoing the same condition -abductee herself was not willing to go with her parents and brother and it would be an exercise in futility to continue with the prosecution or prosecute the accused---State had to protect the marriage, family, the mother and the child---High Court had power to prevent the abuse of law restraining the prosecution to proceed with the criminal case---Constitutional petition was accepted and F.I.R. was quashed accordingly. THIS ORDER PASSED BY: MAHMOOD AHMAD BHATTI, JUSTICE:---.--- Mst. Maryam Mai, the petitioner seeks quashment of F.I.R. No. 95/2013 dated 4-7-2013 registered under sections 365-B/380 P.P.C. at Police Station Bangla Iccha, District Rajanpur, claiming that she was not abducted by anybody. 2. On 18-11-2013, Mst. Maryam Mai, the petitioner had appeared along with her counsel who maintained that she contracted marriage with Bakhat Ali, respondent No. 3 with free consent and of her own accord. However, this court was of the view that Mst. Maryam Mai does not appear to be sui juris. That is why Khalid, A.S.-I. Police Station Bangla Iccha District Rajanpur was ordered to escort Mst. Maryam Mai to Darulaman, Multan who will arrange for lodging Mst. Maryam Mai in Darulaman through Superintendent/Incharge Darulaman, Multan wherefrom she would be produced in the Court on 4-12-2013. On 4-12-2013 Muhammad Amir, A.S.-I. produced Mst. Maryam Mai from Darulaman. It seemed that nobody had cared to carry out order…

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