Law: Penal Code (XLV of 1860)

Section: 324/114

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)---.--- ---.---Ss. 324/114---.---Constitution of Pakistan (1973); Art.199---.---Constitutional petition---.---Attempt to commit qatl-e-amd and abetment---.---Quashing of F.I.R.---.---Petitioner had sought quashing of F.I.R. on the ground that same had been registered on account of enmity between the parties emanating from family dispute and guardianship proceedings filed by one of the petitioners---.---Petitioners had not specifically made allegation on oath against the official respondents---.---Case was not fit one to accept the contention of the petitioner whereby legal action ,,against the official respondent was sought---.---High Court, however, put tocaution the Police Officials/respondents to always act strictly in accordance with law and observe all the legal and procedural requirements and would not abuse the process of law by encouraging false and frivolous litigation---.---High Court observed that Police functionaries were expected to never become party to set of allegation of either party and would always act prudently and would conduct an impartial enquiry into the matter. Masharuddin v. The State 1998 PCr.LJ 1035 ref. Petitioner in person. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- Through instant petition, the petitioners have sought quashment of F.I.R. in Crime No. 303 of 2009 registered at Police Station Qasimabad under sections 324/114/524, P.P.0 against the petitioners. Petitioner No. 1 being advocate by profession appeared in person and stated that the petitioners having been falsely implicated in the instant F.I.R. at the instance of private respondents with whom a matrimonial dispute of petitioner No. 2 is pending before the Civil Court. Petitioners submitted that petitioner No. 2 son of Petitioner No. 1 has contracted love marriage with Mst. Bilqees out of which wedlock a child was born. It is further stated that family members of Mst. Bilqees never accepted such marriage and were not happy with the same and always created problems for the couple. So much so that in the year 2007 they took Mst. Bilqees to their house and detained her without her wishes for which the petitioner No. 1 filed suit for…

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