Law: Pakistan Penal Code, 1860

Section: 420,468,471

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)--- ----Ss. 420, 468 & 471---Constitution of Pakistan, Art. 199---Quashing of FIR---Petitioner was ex-wife of respondent with custody of minor children with her got an FIR registered against ex-wife on the allegation that she intended to take the children abroad on the basis of fake passports and other documents---Validity---First Information Report lodged was tainted with mala fide, result of colourable exercise of authority, abuse of process of law, without commission of any offence and rarity in the eyes of law---Constitutional courts were to protect the citizens from malicious prosecution---High Court, in exercise of discretionary powers under Art. 199 of the Constitution quashed the FIR filed against the ex-wife---Constitutional petition was allowed accordingly. 1993 SCMR 71; 2000 SCMR 122; 2012 SCMR 94; 1996 SCMR 186 and 2006 SCMR 276 ref. Sheikh Muhammad Tahir v. The State and others 2012 PCr.LJ 1075 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Quashing of FIR---Situations wherein discretion of exercising the authority of quashing of FIR could be made by the High Court. Following are the situations wherein discretion of exercising the authority of quashment of FIR can be used. (i) If from the bare reading of the FIR it does not make out any cognizable offence. (ii) If the same has been registered without lawful authority and jurisdiction. (iii) If any civil liability is given the shape of criminal liability. High Court being custodian of the fundamental rights of the citizens is under obligation to provide shield against any invasion made on the guaranteed constitutional rights and protect the subject from discrimination, exploitation, colourable exercise of authority, bolted actions, mala fide and stinking proceedings. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, JUSTICE: invoked the constitutional jurisdiction of this court by way of filing instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan with the following prayer:- "Wherefore in the premise, it is most respectfully prayed that: a. The FIR No. 17/ 2018 dated…

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