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2011 P Cr. L J 1501

SHAZIA AKBAR vs GOVERNMENT OF SINDH, through Secretary Home

Citation2011 P Cr. L J 1501
CourtSindh High Court
Case No.C.P. No. D-1670 of 2010
Date2011-05-04
Judge(s)Sajjad Ali Shah, Muhammad Ali Mazhar
ResultF.I.R. quashed.

ORDER

1. Petitioner Mst. Shazia Akbar through this petition seeks direction to the respondents not to cause harassm ent to the petitioner as well as her husband and his family members.

2. Record reflects that during pendency of this petition F.I.R. Bearing Crime No.190 of 2010, under section 365-B, P.P.C. Was registered at Police Station City Hyderabad against Muhammad Ameen Solangi, husband of the petitioner, and his family members.

3. Mst. Shazia Akbar present states that she being sui juris by exercising her right of free-will has contracted marriage with Muhammad Ameen Solangi. She further states that neither has she been abducted nor kidnapped by any one nominated in the F.I.R. And that she is living with Muhammad Ameen Solangi as his legally wedded wife. She also states that the above F.I.R. Has been falsely lodged by her brother in regard to her abduction, which may be quashed.

4. The Investigating Officer, who is present in Court, was directed to record statement of the Petitioner.

5. The Petitioner in her statement recorded by the Investigating Officer has repeated same fact that she has not been abducted by any one nor she is staying with Muhammad Ameen Solangi against her wishes and the F.I.R. Regarding her abduction has been falsely lodged by her brother. Both the Investigating Officer as well as learned Additional Advocate-General Sindh, in view of the above statement of the petitioner, has no objection if the F.I.R. Is quashed.

6. In the given circumstances, when the petitioner, who is star witness of the crime, has denied her abduction, we hereby quash the F.I.R. Bearing Crime No.190 of 2010, under section 365-B, P.P.C. Of Police Station City Hyderabad, as continuance of the prosecution of said crime will be an abuse of process of the Court and will not result in conviction owing to the statement of the petitioner that she has neither been abducted nor she is living with the petitioner against her wishes.

7. The petition stands disposed of in the above terms.

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