Law:

Section:

Criminal Procedure Code (V of 1898)---S. 154--- Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of F.I.R. under constitutional jurisdiction of High Court---Scope---Mala fide of complainant---F.I.R. lodged in response to filing of a suit---Effect---Wife (petitioner) had filed a suit for dissolution of marriage and recovery of dowry articles against her husband---Subsequently husband's family lodged three F.I.Rs. against the family members of the wife, out of which two F.I.Rs. were disposed of in cancel class, while one was challaned, wherein father of wife, who appeared to be 70 years of age, had been shown as an accused---Prosecution could not point out any evidence/material collected against the father of the wife---Even if the allegations contained in the three F.I.Rs. were admitted, even then no offence was made out against family members of the wife---Mala fide of the husband and his family members, who lodged the F.I.Rs., was palpably floating on the record, as the F.I.Rs. were lodged after filing of suit by the wife---Husband and his family had caused harassment to the wife and her family members without legal justification---Non-interference by High Court in the present matter would tantamount to allowing illegality and highhandedness to perpetuate, and the court would also fail in preventing the abuse of process of the court---Present case was a fit case for quashing of proceedings---Constitutional petition was allowed, and the impugned F.I.Rs. and pending proceedings on the basis thereof were quashed. Hakim Ali and another v. Province of Sindh through Secretary and 10 others PLD 2009 Kar. 278 rel. G. M. Bhutto for Petitioner. Muhammad Iqbal Awan, APG along with SI Gulab Channa and SI Noor Ahmed Kharal of Police Station Gadap Town, SI Muhammad Rasheed of Police Station Darakshan and SI Hussain Mehdi of Police Station Paposh Nagar for Respondents. ORDER Through this Constitutional petition, Petitioner Mehwish Mughal has prayed for following reliefs:-- (a) Declare that the act of the respondents is illegal, null and void having no legal sanctity in the eye of law. (b) Restraining the respondents from causing any harassment to the…

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