Law:

Section:

Keywords: Discharge, Disposed Of, Export, Removal, Prosecution, Order, Intervention, Commission, Divorce, Regular Hearing, Information, Recovery, Commission Of An Offence, Magistrate, Alternate Remedy, Offer, High Court, Defence, Procedure, Disclose, Conviction, Copy, Proceedings, Remedy, Petitioner, Investigation, Administration Of Justice, Issuance, Quashment, Parties, Examination, Recording, Responsibility, Dispute, Permission, Delay, Appearance, Possession, Property, Evidence, Petition, Vehicle, Place, Bona Fide Result: Proceedings quashed JUDGMENT This is an application for quashment under section 561-A, Cr. P. C. Filed by the petitioner for the purpose of quashing the process which had been issued by the City and A. D. M., Karachi on 25-5-1974 against the petitioner under section 302, P. P. C. On a direct complaint filed by Abdul Razzak respondent No. 2 in this petition on 17-5-1972. 2. The facts leading to this petition are that deceased Abdul Azia Kasbati and the petitioner/accused Mst. Zaitoon had been married in 1966, and they were residing in Flat No. 79 on the First Floor of building situated in C. P. Barar Co-operative Housing Society in the Shopping Centre of Sharafabad. There are shops on the ground floor of this building in which this flat is situated. Another couple was also staying on the same first floor as immediate neighbours of the accused and deceased. It is alleged that in February, 1968, the deceased Abdul Aziz had divorced Mst. Zaitoon, the petitioner on account of the fact that she was leading a fast life acid used to visit clubs etc. But, on the intervention of the father of the petitioner Mr. Hashim Dada and her grandfather Mr. Ahmed Dawood, the father of the deceased Mr. Rahmatullah had pursuaded the deceased to withdraw the said divorce and thereafter accused and deceased had rived together as husband and wife. It has also been alleged that in November, 1971 Mst. Zaitoon had left the house and gone to her parent's house but she returned to the house of her husband, the deceased on 25-11-1971. 3. As about 1-30 a.m. During the night between 25th and 26th of November, 1971, one Mr. Mutiur Rehman, Post Warden Civil Defence, Sharafabad…

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