' This is a petition under section 561-A, Cr. P. C. For quashment of the proceedings of a criminal case sent up against the six petitioners for offences under sections 363, 365, 366 and 368, P. P. C. In the Court of A. C. M. XIV, Karachi.
2. The facts in brief are that Mst. Parveen Akhtar, daughter of police constable Ghulam Muhammad aged about 17 years was married to her maternal cousin Shoukat All who was a student, on 16th September 1973. Possibly Parveen Akhtar did not like this marriage to take place as her hand was being demanded in marriage by the petitioner Muhammad Ismail, who was also residing in their neighbourhood at Korangi. The girl could not reconcile herself to the idea of staying in the house of her-in-laws and on 11-1-1974 at about 9 p.m. She left the house on the pretext that she was going to visit her mother. She, however, never reached her mother's house. On 12-1-1974 her father Ghulam Muhammad Constable, went to Korangi Police Station and lodged a report with the police that his daughter Parveen Akhtar aged 17 years had gone away with Nasim and Ismail. This report was taken down for an offence under section 498, P. P. C. In the register of non-cognizable cases and no account was taken. Thereafter on 15-1-1974 an F. I. R. Was registered by S. H.
0. At the same police station that informant's minor daughter Parveen Akhtar had been abducted by one loafer Muhammad Ismail. The police started investigation on this report. Mst. Parveen Akhtar was brought back from Bhawalpur but she refused to go back to her parents' house and she was made to stay at Darulaman. Meanwhile the police sent up petitioners Muhammad Ismail, his two sisters, brother-in-law and other relations for the above offences. In the course of the proceedings for bail an affidavit of Mst. Parveen Akhtar was filed that she had been married against her will to Shoukat Ali and she had, therefore, left his house and gone over to stay with her girl friend at Bhawalpur and no body had abducted her. Mst. Parveen Akhtar had also made another statement on oath in the Court of City & A. D. M., Karachi on 2-3-1974 to the same effect that she had left her house of her own free will and had gone to stay with one Shabana at Bhawalpur that she wanted to be sent to Darulaman.
3. Thus the earliest report with the police disclosed more or less the correct facts regarding this incident that Mst. Parveen Akhtar had been enticed away from the house of her husband and she was major being 17 years o age. After three days another report was registered at the same police statio giving the facts which were quite contrary to the earlier report. This appea to have been done knowingly to help the unfortunate father of the girl wh also happened to be a police constable. The girl being a married woman admittedly 17 years of age and a consenting party, no case of kidnapping from lawful guardianship or rape would appear to have been made out, no could it be said that any force or deception had been practised upon her. Even after her recovery she was not willing to go back either to her husban or even to her own parents.
4. Lastly it has been pointed out by Mr. Ansar Hussain that nearly four years have passed but the trial of these petitioners has not even commenced. The petitioners including the two ladies kept attending the Court of the XIVth A. C. M. On each hearing but the complainant and his witnesses have been trying to prolong the proceedings by making themselve scarce. The reasons are obvious; the idea being to cause as much harassment to the petitioners as possible. In the result the proceedings being in the nature of an abuse of the process of Court cannot be allowed to continue and are hereby quashed. The petition is accordingly allowed.
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