Law: Pakistan Penal Code, 1860

Section: 34,496A

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S. 496-A/34---Constitution of Pakistan (1973), Art.199---Quashing of F.I.R.---Co accused/alleged abductee recorded her statement before the Judicial Magistrate that she with her free-will had married accused and she was not aware of her any previous marriage---Lady had also stated that she was adult and could marry with her free-will and that no one had committed any wrong with her---After the statement of alleged abductee before the Judicial Magistrate, it was clear she was never kidnapped and a false F.I.R. was got registered by the father of co -accused/alleged abductee---Powers could be exercised to prevent the abuse of process of the court in order to promote the ends of justice---High Court could quash F.I.R. where the complaint was frivolous and did not contain any definite accusation and apparently where no offence was made out; and there was no probability of conviction of accused---After the statement of alleged abductee that she was not kidnapped and that she had freely performed her Nikah with accused, F.I.R. registered against accused persons, appeared to be false and there was no probability of conviction of accused---Keeping the F.I.R. pending would amount to abuse of process of the court---F.I.R. was quashed in circumstances. THIS ORDER PASSED BY: ARSHAD SIRAJ MEMON, JUSTICE---.--- Learned counsel for the petitioners has produced a copy of the statement of petitioner No.2 recorded before the Civil Judge and Judicial Magistrate VI, Karachi South. Learned APG has also produced copies of the documents which contain Nikahnama allegedly performed between Muhammad Asad and Salma Bibi (petitioner No.2) on 22-2-2009 along with verification letter issued by the Nazim of Union Council Baroot, Tehsil Hub, District Lasbella in which it has been stated that Nikah was performed on 22-2-2009 which was registered with union Council on 8-7-2009. This petition has been filed for quashment of F.I.R. No.245/2009 registered on 14-7-2009 at Police Station Clifton, Karachi, under section 496-A/34, P.P.C. at the instance of respondent No.3, who is father of petitioner No.2. The allegations in the above-referred F.I.R. are that the…

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