Law: Penal Code (XLV of 1860)

Section: 363, 420

(a) Penal Code (XLV of 1860), S. 363-Kidnapping-Minor girl in curtody of mother alleged to have been taken away by mother to another town-No offence of kidnapping, held, made out. (b) Penal Code (XLV of 1860), S. 420-Cheating-Jurisdic Lion-Money allegedly obtained by accused by cheating paid in district A---Courts In district B, held, had no jurisdiction to try case. Date of hearing: 9th August 1971.                                                                                                                            JUDGMENT This is an application under section 561-A, Cr. P. C. by the four applicants, Mohammad Ali, Shafiqullah, Shafiq and Mst. Rabia Begum for quashing a criminal direct complaint against them filed by opponent No. 1 Amir Hassan Siddiqi in the Court of A. C. M. No. 18, Karachi. 2. The facts necessary to decide this application briefly are these. The opponent No. 1 filed the criminal complaint above mentioned against the applicants in the said .Court in which he stated that he was married to applicant No. 4 Mst. Rabia Begum in India and after migration he started living with her at Manghopir Road in the area of Police Station Kala Kot, Karachi. They had a daughter Mst. Nilofar born at Manghopir Road. Karachi whose age at this time was about 10 years. Applicant No. 1 was the, brother-in-law of applicant No. 4, that is, the wife of the complainant and applicant No. 2 is the father of applicant No. 4. The complaint further shows that the complainant had divorced the applicant No. 4 after which the applicant No. 4 started living in Mahmoodabad at Karachi. At the time of divorce there was art agreement entered into between the complainant-opponent No. 1 and applicant No. 4 relevant terms of which were as follows: - That during the subsistence of marriage a child Nilofar Sultana was born from Amir Hasan Siddiqi, at Karachi whose age at this…