| Citation(s) |
|---|
| 2010 SLG 2867 = 2010 SLD 2867 = 2010 MLD 1290 |
Sindh High Court
C.P. No.S-212 of 2010, decided on 4th June, 2010.
Presented By: Aqeel Ahmed Abbasi, J
C.P. No.S-212 of 2010, decided on 4th June, 2010.
Presented By: Aqeel Ahmed Abbasi, J
Mst. NAJMA and another---Petitioners
VERSUS
DISTRICT POLICE OFFICER, BADIAN and 9 others---Respondents
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 365-B, 496-A, 382, 458, 506(2), 337-H(ii), 504, 147, 148 & 149---Constitution of Pakistan (1973), Art.199---Abduction, theft and house breaking---Constitutional petition---Quashing of proceedings---Alleged abductee was deaf and dumb, her statement was recorded by the Investigating Officer with the assistance of Principal, Special Education Institute and Assistant Referencer from Special Education Institute concerned---Such statement reflected that petitioner/alleged abductee on having understood the questions put by Investigating Officer regarding her alleged abduction, categorically stated that she had not been abducted by any one, that she, out of her own free-will had entered into a valid contract of marriage with the male petitioner---Alleged abductee further stated that she was happy with her husband, and wanted to go and live with him---Police Officer and Investigating Officer had conceded that no useful purpose would be served by keeping the proceedings emanating from F.I.R. and that same could be quashed---Since the very allegation of abduction had been falsified in view of statement of the alleged abductee, remaining allegations also stood falsified---Proceedings were quashed and petitioner would be at liberty to go and live with her husband---Authorities were directed not to cause any harassment whatsoever to the petitioners. Bhagwan Das Bheel for Petitioners. Mukhtar Ahmed Khanzada, A.A.-G. along with A.S.-T./I.O. M. Yakoob. Roshan Ali Chandio for Respondents Nos.3 and 6. (in person) Ghulam Mustafa alias Nawab Respondent No.3. Riazul Rehman Kerio, Principal, and Ahsan Ahmed Talpur, Assistant Referencer from Special Education GOR Colony, Hyderabad. ORDER AQEEL AHMED ABBASI, J.---Through instant petition, petitioners have sought protection against the harassment allegedly caused by the private respondents with the help of official respondents on account of matrimonial dispute. Learned counsel for the petitioners contends that the petitioner No.1 being sui juris has entered into a valid contract of marriage out of her own free-will with petitioner No.2, which has annoyed her father Ghulam Mustafa. On 10-5-2010…