Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 494,34,506A

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.494, 34 & 506-A---Marrying again during life-time of husband and wife, common intention, criminal intimidation---Quashing of proceedings, petition for---Respondent had leveled allegation that during subsistence of his Niakh with his wife---She had contracted marriage with the accused, but she denied such allegation---Investigating Officer, who was fully in knowledge about the matter, failed to discharge his duties in connection with investigation of the case---Investigating Officer while submitting challan also failed to produce entire material before the Magistrate including Nikahnama, statement of wife (Co-accused) and order of High Court, whereby the respondent could initiate legal proceedings against wife before appropriate court---Investigating Officer, was supposed to record the statements of wife (co-accused), Nikahkhawan as well as Nikah Registrar to arrived at the right conclusion of the matter---Only the Family Court, was competent to decide the question of validity of marriage etc.---Respondent ought to have approached the Family Court, but he with mala fide intention, cooked up the story and registered, false F.I.R.---Case was a fit one for quashing of proceedings as continuance of trial would be abuse of process of the court. Mst. Hameeda v. The State 2007 MLD 1700 and Muhammad Bashir v. Muhammad Usman and others 2003 SCMR 1339 ref. ORDER AFTAB AHMED GORAR, J.---The petitioner has filed this petition with the following prayers:-- (a) Quash the F.I.R. No.4 of 2012 Under section 506(2), 494, 34 P.P.C. of Police Station Rajo Khanani, District Badin. (b) Stay the operation of F.I.R. No.4 of 2012 Under section 506(2), 494, 34, P.P.C. of Police Station Rajo Khanani, District Badin, till firral disposal of this petition; (c) Direct the respondents Nos.1 and 2 not to arrest any of the accused nominated in the F.I.R. No.4 of 2012 and to provide full protection to them, till the final decision of the instant petition (d) Direct the respondents Nos.1 and 2 not to harass the petitioner, his wife, father, brother, relatives and well wishers through themselves, their agents,…

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