Law: Family Courts Act, 1964

Section: 5,20

Law: Constitution of Pakistan, 1973

Section: 199

Law: Police Rules, 1934

Section: 24.7

(a) Family Courts Act (XXXV of 1964)-----Ss. 5, Sched. & 20---Jurisdiction of Family Court---Family Court as Magistrate---Terms and conditions of Nikahnama---Scope---As per S. 5 read with S. 20 of the Family Courts Act, 1964, it is only the Family Court that can decide any matter relating to terms and conditions of Nikahnama and fate of a permission letter to contract second marriage touches the condition whether it is genuine or otherwise. Muzaffar Nawaz v. Ishrat Rasool and others 2022 YLR 1920 ref. (b) Constitution of Pakistan-------Art. 199---Criminal Procedure Code (V of 1898), S. 561-A---Constitutional jurisdiction---Inherent powers of High Court---Quashing of FIR---Scope---Article 199 of the Constitution guarantees that if no other remedy is available High Court can also undo the wrong in its extra ordinary jurisdiction---High Court is exercising this jurisdiction for quashing of FIR---Though S. 561-A, Cr.P.C., is available to exercise jurisdiction by the High Court in its inherent power to secure the ends of justice and to prevent abuse of process of the court yet such power is sparingly used by the High Court in appropriate case only. (c) Constitution of Pakistan------Art.199---Police Rules, 1934, R. 24.7---Constitutional jurisdiction---Quashing of FIR---Cancellation of cases---Scope---Subordinate criminal courts do not have jurisdiction to dilate upon quashing of FIR; however, under Police Rules, 1934, on the recommendation of police, FIR is usually cancelled. (d) Constitution of Pakistan-----Art. 199---Criminal Procedure Code (V of 1898), Ss. 561-A, 249-A & 265-K--- Constitutional jurisdiction---Inherent powers of High Court---Power of Court to acquit accused at any stage---Quashing of FIR---Scope---Under Ss. 265-K & 249-A, Cr.P.C., subordinate criminal courts are authorized to acquit the accused at any stage of the case and this power is synonymous to one the High Court exercises under S. 561-A, Cr.P.C., but if they fail to exercise powers the High Court either under Art. 199 of the Constitution of Pakistan or under S. 561-A, Cr.P.C. can either quash the proceedings pending in the court subordinate thereto or quash the FIR. Bashir Ahmad…

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