1. MRS. SYEDA TAHIRA SAFDAR, J.*---Instant petition has been filed by the petitioner Mst. Shazia contending that her minor daughter namely Pari Gul was abducted by respondents Nos.1 to 6, whereafter, she approached each and every door for justice, but all in vain. According to her telephonic message from Police Station, Old Saddar, Shikarpur was received by her husband, from Mobile Nos.0301-3747386 & 0301-3978468 demanding Rupees one million for return of her daughter. Whereupon after arranging the said amount she (petitioner), along with relatives, reached at Old Saddar Police Station Shikarpur where the concerned SHO namely Habibullah, along with constable Dur Muhammad called her to a secret place in jungle, where after waiting for an hour, said Dur Muhammad brought Pari Gil in an injured condition and showed her from a distance, and received an amount of Rs,500,000 from the petitioner and started threatening and beating them (petitioner and her companions) "with guns and butts" rendering them unconscious, and after they gained consciousness, she approached Police Station for lodging of F.I.R., but upon failure to lodge F.I.R. she approached DIG Police Sindh, but no heed was paid to her. It is further contended, that the concerned SHO along with Police officials visited her house thereby beat her and her minor children, and also took her jewelry. The petitioner further asserted that respondent No,6 Zahid son of Habibullah SHO Police Station, Old Saddar, Shikarpur sent a letter, addressed to her husband, wherein he admitted his crimes and also pointed out his accomplices. Thus in the circumstances she approached Police Station Saddar, Quetta, but all in vain, resultantly she approached the court, where upon through order dated 2-4-2009 direction for lodging of F.I.R., if a cognizable case is made out, was issued, however, the concerned SHO failed to conduct a proper inquiry and the Provincial Police Officer failed to consider her applications. The petitioner states that under such circumstances she again approached the court of Sessions Judge, Quetta by way of filing application, for initiating contempt of court proceedings against concerned Police officers for non-compliance of order dated 2-4-2009, however, when notice was issued the SHO Ameer Muhammad. Dasti, filed a bogus report. It is her contention that she (petitioner) has been harassed by police officers of Police Station Saddar and the Province of Sindh and have taken her cash, jewelry and destroyed her health by maltreating her.
2. ' The petitioner being aggrieved with the order of the Sessions Judge, Quetta dated 19-5-2009 preferred instant petition on grounds alleging that the trial court failed to consider.the facts and circumstances of the case, including despite the fact that her minor daughter Pari Gul was abducted for ransom and for prostitution by a gang and that the letter produced by her (petitioner) was not considered properly by the court. Thus act of non-appreciation of documents and the evidence by the court is against the norms of law and justice. The petitioner further alleges that the police authorities violated the order of the Sessions Court, as proper inquiry was not conducted in the matter. The petitioner prayed to the effect, that F.I.R. be lodged against police officials namely Dur Muhammad Constable, Habibullah SHO, while the amount of Rs,500,000, and jewelry and cash amount, taken from her house, be directed to be returned to her.
3. ' On court notice respondents Nos.10 and 11 appeared in person, while respondents Nos.7, 9, 10 and 13 filed their written replies separately. The mentioned respondents while strongly contesting the allegations levelled against them by the petitioner, contended that the husband of petitioner namely Khairullah approached them for registration of F.I.R. against Munir Ahmed, who allegedly abducted his daughter Mst. Pari Gul, but prior to the same a Constitutional Petition No,682 of 2006 was filed by Mst. Pari Gul before the High Court of Sindh, Sukkur Bench, wherein it was averred that Pari Gul had entered into marriage with Munir Ahmed with her free-will and she had apprehension of her life at the hands of her parents, and other relatives. This petition was disposed of through order dated 13-10-2006 with directions, not to cause harassment to Mst. Pari Gul and Munir Ahmed, as they were legally married. Thus in the circumstances, the report made by Khairullah was entered in Daily Diary It is further their contention that the husband of present petitioner, namely Khairullah, also filed a Constitutional Petition bearing No,980 of 2006 before this court, in reply whereof they have also filed copy of order of Sindh High Court. It is also contended.by respondent No,9, that there is no Police Station by the name of Old Saddar Shikarpur, nor there exists a constable by the name of Dur Muhammad.
4. The matter was heard at length and the record was perused. In instant petition the petitioner Mst.
5. Shazia levelled allegations against respondents Nos. 1 to 6 for committing offence of abduction of her daughter namely Pari Gul aged 10 years. While to the extent of respondents Nos.7 to 14, the petitioner is feeling aggrieved of their act of not providing her legal assistance for redressal of her grievances. The respondents, on the other hand, strongly denied her contention. They also placed on record copy of constitutional petition along with affidavit filed by Mst. Pari Gul, the alleged abductee, before High Court of Sindh, Bench at Sukkur in year 2006, copy of orders dated 29-9- 2006 and 13-10-2006 of the court, copy of Nikah Nama and affidavit of Mst. Pari Gul along with copy of her CNIC. They also filed copies of reports submitted by SHO, Police Station Saddar, Quetta during the proceedings along with copy of review petition filed by Khairullah, father of Pari Gul and husband of present petitioner, before honourable Sukkur Bench of Sindh High Court. It is further apparent from record that C.P. No,980 of 2006 was tiled by Khairullah, husband of present petitioner, against Munir Ahmed, Jehangir Khan and SHO Police Station, Saddar, Quetta on 21-12- 2006, with nearly same contention as raised in present petition. Constitutional Petition No,980 of 2006 was disposed of vide order dated 24-1-2007 by this court, whereby the petition was dismissed as being not pressed, since the counsel for the petitioner wanted to approach the court of competent jurisdiction by tiling complaint under relevant provisions of law.
6. ' It is to be noted that the petition tiled before High Court Sindh, Bench at Sukkur, was tiled by Mst.
7. Pari Gul soon after her alleged abduction in year 2006, which was disposed of through order dated 13-10-2006. As per contents of the order, the counsel for the petitioner was satisfied on statements made by official respondents, that they have neither created any harassment, nor they intended to do so. The petition was disposed of, with the direction to the police concerned, to provide protection to the petitioner and her husband at time of need. Further, personal attendance of petitioner Pari Gul on dateof hearing is noted in the order.
8. It is to be noted that the petitioner filed instant petition without disclosing the facts mentioned hereinabove. She, being the wife of Khairullah, who initially started the proceedings, must have been in the knowledge of the facts, but she concealed them, which showed mala tide on her part.
9. Furthermore, certain facts require consideration. The husband of the petitioner namely Khairullah prior to filing of constitutional petition before this court, approached court of Sessions Judge, Quetta for registration of case against Munir Ahmed, Jehangir Khan and SHO Police Station, Saddar Quetta, which was disposed of through order dated 11-11-2006, with the direction for registration of F.I.R., if case is made out, thereafter, he again approached the court of Sessions Judge, Quetta by way of tiling application for initiating contempt of court proceedings against SHO Police Station Saddar, Quetta, for non-compliance of the order. Fate of this application is not disclosed, as no order deciding this application has been placed on record. Thereafter, C.P. No,980 of 2006 was tiled by Khairullah, which was disposed of through order dated 24-1-2007, as being not pressed by Khairullah, as he wanted to avail the remedy of complaint before court of competent jurisdiction under relevant law, but there is nothing on record that discloses that any complaint was ever filed by Khairullah before any court of law, rather lie seemed to have kept silent and in year 2009 he approached honourable High Court of Sindh, Bench at Sukkur by way of filing review application on 22-4-2009, copy whereof is placed on case file by respondents Nos.1, 3 and 4. The fate of the review petition is also not known, as nothing is placed on record.
10. ' Khairullah appeared on behalf of the petitioner, who is his wife, before this Court.
11. It is thus evident that, the petitioner was in full knowledge of the proceedings held before honorable High Court of Sindh, Bench at Sukkur, and also about the fact of filing constitutional petition, and applications by her husband Khairullah before this Court, and before Court of Sessions Judge, Quetta, and orders made thereon. In the circumstances, she was in knowledge of marriage of leer daughter Pari Gul with Munir Ahmed. Despite the same she failed to disclose these facts in instant petition. This concealment, is deemed to be intentional, and deliberate only to obtain some favourable order. Her mala fides are apparent from her conduct It is an established principle of law that a party, who is seeking relief must come to the court with clean hands. But in present case the petitioner acted contrary to it. At first instance, her husband, and thereafter, she repeated the whole process, without disclosing the relevant facts and orders made in the course, before this court in preset proceedings. Her conduct and intentional non-disclosure of material facts in itself disentitles her for any relief. It also merits mention that she did not went to avail of the offer recorded in order dated 22-6-2010 to meet with her daughter Pari Gul in the presence of Judicial Officer at her residence. It appears that the petition has been filed for ulterior motives to harass the respondents.
12. ' In view of above discussion without going into merits of the case, and given findings thereon, the petition is dismissed being without merits, with compensatory cost of Rs, 5,000 to be paid to Edhi Centre, Quetta.