Law: Penal Code (XLV of 1860)

Section: 344

Law: Criminal Procedure Code (V of 1898)

Section: 561A

  Penal Code (XLV of 1860) S. 344-Wrongful confinement--Principal witness having made a statement that she was not being illegally confined by her mother (accused)-Continuance of criminal proceedings against accused on charge of wrongful confinement, in circumstances, held, abuse of process of Court-Proceedings under S. 344, P. P. C. as against applicant accused as also against non- applicant accused quashed-Criminal Procedure Code (V of 1898). S.561-A. Parbati Devi v. State A I R 1952 Cal. 835 and Bikaru and others v. Emperor A I R 1948 Oudh 17 fol. Applicant in person. Date of hearing : 17th April 1970.   JUDGMENT The applicant has applied to this Court under section 561-A, Cr. P. C. for the quashment of the case pending against her and four other persons in the Court of Mr. A. D. Ansari, Additional City Magistrate, Karachi, under section 344, P. P. C. 2. It appears from the record of the case that respondent No. 1 filed a complaint in the Court of the Additional City Magistrate on 27th December 1969, in which he accused the applicant and the other persons of removing his wife. Mst. Shahnaz Begum, from his house and confining her in their house against her will. The applicant is the mother of Mst. Shahnaz Begum while the three other accused, namely Jalil, Jamil and Muhammad Jan are her sons and daughter. Haji, the fifth accused, is described as a landlord in the complaint. It was also alleged in the complaint that Mst. Shabnaz Begum was married to respondent No. 1 on 3rd November 1969 after she had obtained an order upon her application dated 16th August 1969 that she was free to exercise her free will as she was major. Upon this complaint, the learned Additional City Magistrate examined respondent No. 1 and two other witnesses, namely Ashfaq and Abbas, under section 200, Cr. P. C. and thereupon took cognizance of the offence under section 344, P. P. C. on 1st January 1970. He also ordered for the issuance of a warrant under section 100, Cr. P. C. for securing the custody of Mst. Shahnaz Begum from the applicant. Mst. Shahnaz Begum was secured and produced in Court. On 3rd January 1970, respondent No. 1 made an application that she be lodged in…