Law:

Section:

Constitution of Pakistan (1973)--- ---- Art 199 --- Penal Code (XLV of 1860), S. 363/148/149 --- Quashing of F.I.R.- -Alleged abductee whose father and mother had died was residing with her grandfather and real maternal uncle --- In absence of real father and mother, custody of grandfather and maternal uncle, could not be said to be illegal --­ Alleged abductee had contracted marriage with her own accord and free will with accused who was her real uncle's son and such Nikah which was performed prior to registration of F.I.R. was evidenced by Nikahnama which was a registered document --- Continuation of further proceedings on basis of impugned F.I.R., thus would be abuse of process in absence of likelihood of conviction of accused --- F.I.R.. registered against accused under S.363/148/149, Penal Code was quashed, in circumstances. ORDER 1. This order will be read alongwith order dated 8-11-1995 passed on C.M. No.4002 of 1995. 2. The petitioners have filed this petition for quashment of the F.I.R. No.49 dated 9-5-1995 registered under section 363/148/149, P.P.C., with Police Station Nowshera, District Khushab. 3. According to F.I.R. Umar Draz petitioner No.2 armed with pistol alongwith others forcibly kidnapped Mst Asmat Mehmood. 4. Admittedly the complainant is step-mother of Mist.Asmat Mehmood petitioner No. 1. The father and mother of the girl had died. At the time of alleged occurrence she was admittedly residing with her grandfather and real maternal uncle. Her custody, therefore, cannot be termed to be illegal and as such there is no question of attraction of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492