Mst Shumaila & Other (Petitioner) VS P.O Sindh & Others (Respondent)

ORDER SHEET

HIGH COURT OF SINDH CIRCUIT COURT,

HYDERABAD

C.P No.D-1619 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

None present for petitioners Mr. Allah Bachayo Soomro, Additional A.G Sindh Mr. Fayyaz Hussain Sabki, Assistant P.G Sindh a/w SIP Riaz Hussain Rind and ASI M. Moosa of PS G. Leghari District Badin

Mr. Ameer Hyder advocate files power on behalf of respondent No.5, which is taken on record.

By way of captioned petition, petitioners seek quashment of FIR bearing No.26 of 2021 lodged by respondent No.5 at PS Gulab Laghari District Badin u/s 365-B & 35 PPC, alleging abduction of her daughter/petitioner No.1 at the hands of petitioner No.2 and his parents.

Today no one is present for the petitioners; however, we have gone through the contents of memo of petition, which reflects that petitioner No.1 being sui-juris has contracted marriage with petitioner No.2 according to her own free-will. Such affidavit of free-will and Nikahnama are available at page-25 to 27 of the file.

Since the allegations, levelled in aforesaid crime have been denied by alleged abductee herself/petitioner No.1, therefore, Investigation Officer of the aforesaid crime is directed to record the statement of petitioner No.1/ alleged abductee and submit the same before the learned Judicial Magistrate concerned for passing appropriate order in accordance with law. Meanwhile SHO PS Gulab Leghari and Investigation Officer/respondent No.4 are also directed to provide due protection to petitioners in accordance with law and no arrest shall be made in aforesaid crime.

Instant petition stands disposed of accordingly.

JUDGE

JUDGE

Sajjad Ali Jessar