' On 23-3-1999 at 12-00 noon Syed Dost Ali Shah lodged F.I.R. With Phulleli Police Hyderabad stating therein substantially that on 15-3-1999 at 4-50 p.m. His brother Ramzan Shah came and informed him that about 11-30 a.m. When he, Shehr Bano and Mst. Mirzadi, the daughter and wife of complainant together with his sister Sharifan were available in the house when they received a knock at the door. As soon as Shehr Bano opened the door Mst. Sumaira wife of Kallay Khan and her daughter Shaheen entered the house whereas Faiz Muhammad alias Faizoo, Fateh and Aziz Nagars were standing at the entrance. Mst. Sumaira kept handkerchief on the face of Shehr Bano and she became dizzy. Faizoo immediately entered the house and took her on his shoulders. All the culprits then went and put Shehr Bano in a car, which was parked together with another car in the street. All the culprits sat in the two cars and went away. The complainant also stated in the F.I.R.
That Shafi Muhammad and Shoukat equipped with pistols, were seen standing at the cars.
2. The complainant further stated that on knowing about the incident from his brother Ramzan Shah he went to his house where his wife and sister confirmed the information given by Ramzan Shah. After that they kept on searching for the girl and culprits till 23-3-1999 when Jamil Nagar and Nazir Nagar threatened the complainant saying that in case he reports the matter to police his another daughter shall be kidnapped. Thereafter he lodged the F.I.R.
3. After registration of the case, the police started the investigation.
' On 5-9-2000 interim challan was submitted against the accused persons. Three accused namely Aziz Nagar, Jamil Nagar, Qader Nagar were sent in custody whereas accused Mst. Sumaira, Mst.
Shaheen, Faiz Muhammad alias Faizoo, Fateh Muhammad and Shafi Muhammad were shown as absconders. Later on another report was submitted by the Investigating Officer under section 250, Cr.P.C. Stating therein substantially that in fact the investigation has revealed that Miss Shehr Bano had herself left the house of her parents for marriage with Faiz Muhammad and then had sworn her affidavit before City Magistrate and First Class Magistrate, Hyderabad on 28-1-1999. On the same day her Nikah with Faiz Muhammad was performed and registered on 29-11999. The report was containing further that no incident as alleged by Dost Ali Shah, the complainant, had happened, therefore, the case may be ended.
4. The applicants/accused approached the learned trial Court after acquittal under section 265-K, Cr.P.C. Mainly on the ground that Shehr Bano did into implicate any of them. On the contrary, she stated before the Magistrate that she had herself gone out of the house of her father and performed Nikah with Faiz Muhammad. The learned Vth Additional Sessions Judge, by order dated 24-11-2001 dismissed that prayer. After that present application for quashment under section 561-A, Cr.P.C. Was filed.
5. It will be relevant to mention here that case of applicants Shehr Bano and Faiz Muhammad is that they married inter se and are living happily. Their learned Advocate informed that the couple has been bestowed with two children also. The learned Advocate further contended, that in present case where Shehr Bano pleaded that she was not abducted and she had herself married with Faiz Muhammad and also the final report of the Investigating Officer contains that no incident as of forcible abduction of Shehr Bano has taken place. There remains no possibility of conviction of the applicants/accused in the case. He further contended that in the cases like present one the superior Courts have been quashing the proceedings. Even F.I.R. Cases were quashed. Reference was made to the decision reported as Shabbir Ahmed and 6 others v. S.H.O. Police Station, City, Burewala, District Vehari and 2 others 2001 M LD 1468, Mst. Shahida Nadeem and another v. S.H.O., Police Station, Sadar, Chichawatni, District Sahiwal and others 1999 M LD 3092 and Mst. Rukhsana v.
S.H.O., Police Station Belo Mirpur. Mathelo and others 1999 PCr.LJ 638.
6. The learned State Counsel conceded to the arguments of applicant's learned Advocate.
7. Syed Dost Ali Shah, the complainant in the case and father of Shehr Bano has appeared in response to the notice issued by this Court. He opposed the application saying that his daughter Shehr Bano has been won over after her abduction but still the evidence of other witnesses regarding the happening of incident is there. According to him, the possibility of conviction in the case on the basis of eye-witnesses namely Mirzadi, Sharifan and Ramzan Shah cannot be excluded at this stage.
8. No doubt the prosecution case is that Shehr Bano was abducted from her father's house in presence of Ramzan Shah, Mirzadi and Sharifan but if they support the prosecution fully then also the accused/applicants cannot be convicted for the reason that Shehr Bano denied the happening of incident and abduction and pleaded to have herself left the house and married with Faiz Muhammad.
9. The consistent trend of decision referred to by the learned counsel for the applicant (supra) is that the proceedings in the cases of the offence of abduction are quashed when the victim lady/girl rather star A witness denies the happening of the incident claiming to have herself performed Nikah willingly.
10. Thus possibility of conviction of the applicant in this case can be excluded safely in the circumstances. The further proceedings in the case will be nothing but an exercise in futility.
Therefore, quashment of the proceedings is justified. Consequently, the proceedings against the applicant in the case registered as Crime No, 24 of 1999 at Police Station, Phuleli, Hyderabad are hereby quashed. The criminal miscellaneous applications stand disposed of alongwith listed I applications.