Mst Zahida &another (Petitioner) VS P.O Sindh & Other (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT HYDERABAD

C.P. No.D-2731 of 2019

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection.

2.For hearing of main case.

Mr. Waheed Ali Lashari Advocate for Petitioners, alongwith the Petitioners.

Mr. Muhammad Ismail Bhutto, Additional Advocate General, Sindh alongwith SIP / I.O Mano Mal of P.S Umerkot.

Respondent No.4 present in present.

Mr. Muhammad Jameel Ahmed Advocate files Vakalatnama on behalf of Respondent No.4; whereas learned AAG files comments of Respondents No.2 and 3, same are taken on record; copy of the comments has been provided to learned counsel for Petitioners.

It is stated by learned counsel for the petitioners that petitioner No.1 has contracted marriage with petitioner No.2 on 16.11.2019 under valid Nikahnama; that on the same date petitioner No.1 has also executed an affidavit of freewill, stating therein that nobody has kidnapped / abducted her but due to this un-ceremonial marriage, private respondent No.4, who is father of petitioner No.1 became annoyed and lodged a false FIR against petitioner No.2 (Asghar) and his relatives being Crime No.191 of 2019, under sections 365-B, 34 PPC, at Police station Umerkot. Petitioner No.1 specifically stated that she does not want to meet her parents, who are present in Court.

Since this is the case of love marriage. The petitioners present in court while affirming the contention raised by their counsel, submit that they have married with each other and living as husband and wife happily but local police is harassing them. I.O. of the case present in court submits that neither he has harassed the petitioners nor intends to do so.

Under these circumstances, I.O. of the case is directed to record the statement of petitioner No.1 Mst. Zahida in the office of Additional Registrar of this Court u/s 161 Cr.P.C and one copy be placed on the file of this case and another copy be submitted before the concerned court for passing appropriate orders.

Counsel for the petitioners is satisfied with this order and does not want to proceed further with this petition. However, it is made clear that I.O. shall

not arrest Petitioner No.2 or any other person(s) nominated in the aforementioned F.I.R, till final orders passed by the Magistrate concerned.

The petition stands disposed of in the above terms alongwith listed application(s), if any.

JUDGE

JUDGE

S