Law: Penal Code (XLV of 1860)

Section: 363, 366

Law: Criminal Procedure Code (V of 1898)

Section: 561A

Penal Code (XLV of 1860) S. 363/366-Abduction-Evidence on record showing abductee, girl of 19 years, after eloping with accused, marrying him and living with him as wife of her free will-Offence of abduction punishable under S. 363/366, held, not made out-Proceedings quashed-Criminal Procedure Code (V of 1898), S. 561-A. Date of hearing : 21st September 1970. JUDGMENT This is an application under section 561-A, Cr. P. C., on behalf of Noor Muhammad Gahi, his wife Mst. Zeenat and Maula Bakhsh, praying this Court to quash the proceedings in a case under section 363/366, P. P. C., pending against them in the Court of Additional Deputy Commissioner, exercising powers as Section 30 Magistrate, Sargodha. 2. The prosecution case is that Ghulam Yaseen son of Noor Muhammad Gahi, Noor Muhammad Gahi, Mst. Zeenat and Maula Bakhsh were on visiting terms with the complainant Nazir Hussain. Noor Muhammad and Mst. Zeenat demanded the hand of Mst. Surraya sister of Nazir Hussain in marriage for Ghulam Yaseen, but the parents of the girl did not agree to it. On 21st March 1968, when Mst. Surraya was alone in the house, Ghulam Yaseen (absconder) Noor Muhammad, Mst. Zeenat and Maula Bakhsh came there and took her away. The parents of the girl demanded the restoration of Mst. Surraya, but the accused did not do so. On 1st of June 1968, Nazir. Hussain, brother of abductee Mst. Surraya, lodged the report-and a case of abduction was registered against the accused. In the course of the investigation, the police arrested Noor Muhammad, his wife Mst. Zeenat and Maula Bakhsh; but the police failed to arrest Ghulam Yaseen and to recover Mst. Surraya. It may be stated here that Ghulam Yaseen put in Cr. Misc. No. 3826 of 1970, and surrendered himself to this Court and was admitted to bail on 10th June 1970, which was confirmed on the 21st of September 1970. 3. The case of the petitioners is that Noor Muhammad and Mst. Zeenat petitioners, are the residents of Noorpur Town, Tehsil Khushab, District Sargodha, where Noor Muhammad is carrying on his professional practice as a Hakeem. On 25th January 1968, his son Ghulam Yaseen was married to Mst. Surraya daughter of Ghulam Muhammad deceased,…