This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeks to quash the criminal proceedings against the petitioner in a case F.I.R. No. 18, dated 22-1-1987, registered with Police Station Chunian, under section 363/188, P.P.C.
2. Briefly, the facts of the case are that the petitioner filed an application for the custody of her minor child Mst. Tasneema Bibi, before the learned Guardian Judge, Chunian. During the pendency of the proceedings before the Guardian Judge, the petitioner failed to produce her minor child on 22-1-1987. In consequence, the learned Guardian Judge issued a search-warrant under section 100, Cr.P.C. On the same date for the production of the minor child and also got registered a case against her vide F.I.R. No. 19, dated 22-1-1987, under Section 363/188, P.P.C., with Police Station Chunian.
3. During the pendency of this petition, the parties have entered into a compromise whereby it has been agreed that the question of custody of the aforesaid minor daughter of the parties would be referred to the Guardian Judge, Chunian, by respondent No. 1. Till the question of custody is finally decided by the Guardian Judge, the minor daughter will remain in the interim custody of Mst.
Shamim Bibi, petitioner, who will appear before the learned Guardian Judge, Chunian, on every date of hearing alongwith the minor child.
4. Respondent No. 1 intends to file the proposed application before the Guardian Judge, Chunian, on 2-2-1989, on which date the petitioner also undertakes to be present in the said Court to accept notice for the next date of hearing to be fixed by the learned Guardian Judge, in order to avoid multiplicity of proceedings. The learned Guardian Judge, Chunian, is directed to finally dispose of the matter within three months from the date of filing the proposed application.
5. In view of the above, the impugned search-warrant dated 22-1-1987 issued by the learned Guardian Judge, Chunian, under section 100, Cr.P.C. And the F.I.R. No. 18, dated 22-1-1987, registered against the petitioner at Police Station Chunian, under section 363/188, P.P.C. Are quashed.
6. With these observations, the Writ petition is disposed of, but there shall be no order as to costs.