Law: Pakistan Penal Code, 1860

Section: 34,361,363

Law: Criminal Procedure Code (V of 1898)

Section: 63,173,249A,265-K,491,551,561A

Law: Police Rules, 1934

Section: R.24.7

Law: Constitution of Pakistan, 1973

Section: 10A,199

(a) Penal Code (XLV of 1860)--- ----Ss. 361, 363 & 34---Constitution of Pakistan, Art. 199---Constitutional petition---Custody of minors---First Information Report, quashing of---Petitioner was mother of minor children and was aggrieved of registration of FIR by her ex-husband alleging kidnapping of their minor daughters---Validity---Complainant was aware that custody of minors was taken by natural guardian, i.e., mother from their maternal uncle---Complainant had admittedly not approached a court of competent jurisdiction to obtain custody of minors---No lawful order was available on record giving custody of minors to complainant who was not a natural guardian---Complainant did not hesitate in naming several other family members/relatives of petitioner to harass them as well---Contents of FIR left no doubt whatsoever that, let alone ingredients of S. 361, P.P.C. no criminal case was made out for attracting punishment under S. 363, P.P.C.---Complainant not being a natural guardian was not declared as lawful guardian by any court having competent jurisdiction in this regard--- Police authorities had no jurisdiction in interfering with a purely family dispute, related to custody of minors between their parents; it was within exceptions to general rule that courts neither interfered in investigations nor quash criminal case---FIR was quashed in circumstances. Kausar Parveen v. The State PLD 2008 Lah. 533; Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276; Director General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others PLD 2013 SC 401; Rehmat Ali and others v. Ahmad Din and others 1991 SCMR 185; Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122; Muhammad Mansha v. Station House Officer, Police Station City, Chiniot, District Jhang and others PLD 2006 SC 598; Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276; Emperor v. Kh. Nazir Ahmad AIR 1945 PC 18; Shahnaz Begum v. The Hon'ble Judges of the High Court of Sindh and Balochistan and another PLD 1971 SC 677; Mst. Nadia Parveen v. Mst. Almas Noreen PLD 2012 SC 758; Nisar Muhammad and another v. Sultan Zari PLD 1997 SC 852; Muhammad Javed Umrao v. Miss Uzma…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492