2011 P Cr (PLP)
SHAZIA AKBAR — Petitioner Versus GOVERNMENT OF SINDH, through Secretary Home Department Sindh Secretariat, Karachi and 5 others — Respondents
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SHAZIA AKBAR — Petitioner Versus GOVERNMENT OF SINDH, through Secretary Home Department Sindh Secretariat, Karachi and 5 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2011 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (SHAZIA AKBAR — Petitioner Versus GOVERNMENT OF SINDH, through Secretary Home Department Sindh Secretariat, Karachi and 5 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S. 365-B---Constitution of Pakistan, Art.199---Kidnapping, abducting or inducing woman to compel for marriage etc.---Constitutional petition---Quashing of F.I.R.---Petitioner/alleged abductee had stated that she being sui juris, by exercising her right of free-will, had contracted marriage with co-accused and further stated that neither she had been abducted nor kidnapped by any one nominated in the F.I.R. and that she was living with co-accused as his legally wedded wife---Alleged abductee had also stated that the F.I.R. had been falsely lodged by her brother with regard to her abduction, which could be quashed---Petitioner in her statement recorded by the Investigating Officer on direction of the court, had repeated same fact that she had not been abducted by any one nor she was staying with co-accused against her wishes---Both the Investigating Officer and Additional Advocate-General, had no objection, if the F.I.R. was quashed---When the petitioner who was the star witness of the crime had denied her abduction, F.I.R. was quashed, in circumstances as continuance of prosecution of said crime would be an abuse of process of the court.
- Syed Kamran Ali for Petitioner.
- Allah Bachayo Soomro, Additional A.-G. along with I.O./ASI Altaf Hussain of I.T., Police Station City Hyderabad and Inspector Rafique Ahmed on behalf of DPO Hyderabad for Respondents.
- The Investigating Officer, who is present in Court, was directed to record statement of the Petitioner. 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.
Headnotes / Summary
S. 365-B
Constitution of Pakistan, Art.199
Kidnapping, abducting or inducing woman to compel for marriage etc.
Constitutional petition
Quashing of F.I.R.
Petitioner/alleged abductee had stated that she being sui juris, by exercising her right of free-will, had contracted marriage with co-accused and further stated that neither she had been abducted nor kidnapped by any one nominated in the F.I.R. and that she was living with co-accused as his legally wedded wife
Alleged abductee had also stated that the F.I.R. had been falsely lodged by her brother with regard to her abduction, which could be quashed
Petitioner in her statement recorded by the Investigating Officer on direction of the court, had repeated same fact that she had not been abducted by any one nor she was staying with co-accused against her wishes
Both the Investigating Officer and Additional Advocate-General, had no objection, if the F.I.R. was quashed
When the petitioner who was the star witness of the crime had denied her abduction, F.I.R. was quashed, in circumstances as continuance of prosecution of said crime would be an abuse of process of the court.
Judgment & Decree
Petitioner Mst. Shazia Akbar through this petition seeks direction to the respondents not to cause harassment to the petitioner as well as her husband and his family members. 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. 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. The Investigating Officer, who is present in Court, was directed to record statement of the Petitioner. 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. 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. The petition stands disposed of in the above terms. H.B.T./S-65/K F.I.R. quashed.