1. This is an application under Section 561-A Cr.P.C. F.1 R. in this case was registered at P.S. Sarhari on 25.8.2007 by the complainant Abdul Hameed, brother of Mst. Zeenat @ Fareeda, alleging that the Applicant No, 2, Mohabbat Khan, Ghulam Hussain both sons of Miro Talpur, Shaman, Manthar and Mst. Minzadi had come to their house on 19.8.2007 at about 1330 hours and on show of weapons had taken away Mst. Zeenat @ Fareeda and a case under Section 365-B, 147, 148, 149, 109 PPC was registered against the accused. Thereafter both the Applicants No, 1 and 2, fearing for their lives came to Karachi and have filed this application under Section 561-A Cr.P.C. praying forquashment of the FIR No, 19/2007.
2. Heard the learned counsel for both the applicants who has argued that both the applicants are married by consent and a false case has been registered against them by the complainant. The learned counsel has produced two orders of the High Court one dated 13.6.2007, in which it was decided by Justice Muneeb Ahmed Khan, as under: "In the circumstances and after noticing that the case has been registered for kidnapping and threat under Section 365-B Cr.P.C. and the star witness in this case would be Applicant No, 2, who, now is totally going contrary to the factual position of the FIR and any exercise of the basis of the said FIR will be an exercise in futility.
3. In the circumstances the FIR has no support or value in the eyes of law hence is quashed and application is allowed."
4. And in order dated 21.9.2007, passed in Crl. Misc. Application No, 158/2007, by Justice Mrs. Qaiser Iqbal, as under: "Having regard to the above factual and legal position. I am of the view that the continuation of the criminal proceedings against the applicants is an abuse of process of law and consequently FIR No, 123/2007 under Section 365(b) stands quashed. In the result the application filed by the applicants under Section 561-A Cr.P.C. is allowed."
5. The statement of Mst. Zeeant @ Fareeda, recorded during the proceeding in which she has stated that she had married with Mohabbat Khan on her own free will, she being a major was not coerced, or force in any manner to enter into this marriage and she had left for Karachi fearing for her life with her husband- Mohabbat Khan and has filed this application under Section 561-A Cr.P.C.
6. Learned State Counsel, Ms. Afsheen Aman, has stated that if in the statement Mst. Zeenat @ Fareeda shows willingness to go with Mohabbat Khan and admits marriage with him, she may be permitted to leave with her husband.
7. Having heard the arguments of the learned counsel for the applicants and the learned state counsel and perusing the statement of Mst. Zeenat @ Fareeda, who willingly and on her own free entered into marriage with the applicant Mohabbat Khan and Mst. Zeenat being the main witness of the case, in my opinion case of kidnapping, abductitm and inducing Mst. Zeenat is contrary to the facts as alleged in the FIR. I therefore, after coming to the conclusion that the FIR is based upon false grounds, in view of the statement of Mst. Zeenat and as such has no support or value in the eyes of law, hence I allow the application under Section 561-A Cr.P.C. and quash the FIR No, 19/2007 and the proceedings initiated thereon.