Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 561-A,249-A

Law: Family Courts Act, 1964

Section: 5,20

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 420, 468 ,  471--Quashing of FIR--Second marriage--Lodging of FIR--Another FIR was lodged on same story--Application u/S. 249-A, Cr.P.C.--Dismissed--Second marriage was not challenge by second wife--Aggrieved party--Cognizance of case--Challenge to--First wife has not challenged second marriage of her husband (Petitioner) who is aggrieved party in terms of filing a complaint u/S. 6 (5) of The Muslim Family laws Ordinance, 1961--Respondent being brother of (first wife) cannot be termed as an aggrieved party nor could be authorized to file such a complaint--When first wife being sine qua non for initiating proceedings, an alternate illegal course that too through a person not aggrieved at all is nothing but farce--Magistrate was not justified in taking cognizance of case, which was exclusively triable by family Court--All proceedings right from very beginning conducted by Magistrate are declared corum non judice-- FIR being false owing to mistake of law stands quashed--Petition allowed. Constitution of Pakistan, 1973-- ---Art. 199--Extraordinary jurisdiction--If no other remedy is available High Court can undo wrong in its extra ordinary jurisdiction--Since then, High Court is exercising jurisdiction for quashing of FIR.  Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Inherent power--Section 561-A, Cr.P.C was available to exercise jurisdiction by High Court in its inherent power to secure ends of justice and to prevent abuse of process of Court yet such power is sparingly used by High Court in appropriate case only. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 249-A--Power of magistrate--Power of Magistrate to acquit accused at any stage: Nothing in this Chapter shall be deemed to prevent a Magistrate from acquitting an accused at any stage of case if after hearing prosecutor and accused and for reasons to be recorded, he considers that charge is groundless or that there is no probability of accused being convicted of any offence. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Constitution of Pakistan, 1973, Art. 199--Powers of High Court…

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