Mst. Ghulam Qubra (Petitioner) VS Prov. of Sindh and ors (Respondent)

ORDER DATED 17

ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P. No. D-2470 of 2009.

Date Order with signature of Judge

For Katcha Peshi

Mr.

Asadullah Lashari, advocate for petitioner

Mr.

Miran Muhammad Shah, AAG alongwith Ahsan Ali, I/O.

Through instant petition, the petitioner sought protection and quashment of F.I.R No.99/2009 registered on 30.10.2009 at the instance of brother of the petitioner alleging the abduction of the petitioner and stealing of valuable articles by the accused person including Muhammad Majid. After notice to the respondents as well as AAG, the matter came-up for hearing on 26.01.2010 when the petitioner was present in Court alongwith her counsel and categorically stated that she has entered into a valid contract marriage with Muhammad Majid on 02.09.2009 by virtue of Nikahnama and Free Will, which are available at page 11 and 13 of the petition. The I.O. present in Court was directed to record statement of the petitioner in the office of the A.G.Sindh and the matter was adjourned for 02.02.2010. Today, counsel for the petitioner as well as learned AAG alongwith the I.O. are in attendance. Learned AAG has filed statement alongwith the statement of the petitioner confirming her assertion of entering into a valid contract of marriage with Muhammad Majid. She further denied the allegation of abduction and of stealing against Muhammad Majid and other accused persons for being false and fabricated. She further stated that her brother and relative, under the garb of this false FIR will kill her and her husband namely Muhammad Majid after declaring them as 'Karo Kari'. The I.O. present in Court states that the challan has been submitted before the trial Court at District Khairpur.

In view of the statement of the petitioner and the circumstances of the case we are of the opinion that when the basic allegation of abduction is nullified, other allegation of stealing also appears to be false and fabricated. Moreover, it appears that the FIR was registered on 30.09.2009 after the date when the petitioner had entered into a valid contract of marriage with Muhammad Majid, in retaliation by the brother of the petitioner. Under the circumstances, we would direct the quashment of the FIR. Learned AAG to intimate the order of this Court to the learned trial Court at District Khairpur for compliance.

Petition is disposed of in the above terms.

Judge

Judge