2017 PLP 424 (YLRN)

GHULAM QADIR LEGHARI, J.

Petitioners Mst. Tayyaba and Zulqarnain Haider Khan filed the instant constitution petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 on 05.03.2016, for quashment of FIR No.50/2016, registered at Police Station Soldier Bazar, Karachi lodged by Muhammad Mohsin against petitioner No.2 and others for offence under section 365-B/34, P.P.C. Petitioner No.1 stated that she has married to petitioner No.2 against the wishes of parents. Copy of Nikahnama dated 27.01.2015 and affidavit of freewill have been annexed with the petition. It is stated that on account of such un-ceremonial marriage, much annoyance has been caused to the parents of petitioner No.1 and father of petitioner No.1 lodged above FIR against petitioner No.2 and others. It is prayed for the following reliefs: (a) To direct respondent Nos.1 and 2 to protect the petitioners from respondent No.2 who is continuously harassing the petitioners and lodged false FIR against petitioner No.2 and brother / father of petitioner No.2. (b) To quash the FIR against the petitioner No.2 and his brother and father. (c) To direct the respondent Nos.1 and 2 not to arrest the petitioners till final disposal of the petition. (d) Any other relief which this Honourable Court deem fit and proper in the circumstances of the case. On the first date of hearing, viz. 11.03.2016, Mr. Umer Farooq Khan, Advocate appeared along with petitioner No.2 and stated that petitioner No.1 Mst. Tayyaba has been forcibly taken by her parents after such marriage. Notices were issued to the respondents as well as Advocate General Sindh and Prosecutor General Sindh. Tayyaba, petitioner No.1 appeared before this Court on 21.03.2016 and stated that petitioner No.2 is blackmailing her. Investigation Officer appeared today before this Court and stated that Muhammad Mohsin had filed Criminal Miscellaneous Application No.220/2016 under section 491-A, Cr.P.C. before learned Sessions Judge, Karachi West on 24.02.2016, in which it was stated that his daughter Tayyaba was in illegal detention of Zulqarnain Haider Khan. Tayyaba appeared before learned Sessions Judge Karachi West on 08.03.2016, her statement was recorded on oath in which she stated that she was major, one Zulqarnain Haider Khan forcibly married with her and obtained her signatures on the Nikahnama and she was in the custody of Zulqarnain Hyder Khan for about 18 days. She further stated that she was confined by Zulqarnain Haider Khan at different places and expressed her intention to go with the parents, as Zulqarnain Haider Khan was blackmailing her. Learned Sessions Judge, Karachi West handed over custody of Tayyaba to her parents on the same day. Investigation Officer appeared and submitted that on the conclusion of the investigation, he has submitted challan against the accused under sections 365-B, 420, 506, 34, P.P.C. Learned advocate for petitioner No.2 contended that Mst. Tayyaba had married with petitioner No.2 with her own choice and her father has lodged FIR to pressurize the petitioner No.2. Learned A.P.G. pointed out that Mst. Tayyaba appeared before this Court on 21.03.2016 and stated that petitioner No.2 was blackmailing her. Mst. Tayyaba also appeared before learned Sessions Judge, Karachi West on 08.03.2016 in Criminal Miscellaneous Application No.220/2016 where her statement was recorded in which she stated that her signatures were forcibly obtained by petitioner No.2 and stated that he was blackmailing her. Mr. Abrar Ali Khichi, learned A.P.G. argued that trial Court has already taken cognizance of the case, there is no ground for quashment of proceedings, he opposed the petition. Keeping in view the scope of jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, this Court would exercise restraint in the present case and enable petitioner No.2 Zulqarnain Haider Khan to approach the trial Court for availing remedies under sections 249-A/265-K, Cr.P.C. to seek his premature acquittal if the charge against the accused is groundless or there is no probability of conviction of accused. The law laid down by august Supreme Court in the case of Director-General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others (PLD 2013 Supreme Court 401), is as follows:-- "2 The law is quite settled by now that after taking of cognizance of a case by a trial court the FIR registered in that case cannot be quashed and the fate of the case and of the accused persons challaned therein is to be determined by the trial court itself. It goes without saying that if after taking of cognizance of a case by the trial court an accused person deems himself to be innocent and falsely implicated and he wishes to avoid the rigours of a trial then the law has provided him a remedy under sections 249- A/265-K, Cr.P.C. to seek his premature acquittal if the charge against him is groundless or there is no probability of his conviction." Needless to mention that quashment of a criminal case in the exercise of powers vested under Article 199 of the Constitution, 1973 may be in exceptional circumstances, which are not available in the instant petition. For the above stated reasons, we are not inclined to quash the proceedings, which arose out of Crime No. 50/2016, registered at Police Station Soldier Bazar, Karachi, under section 365-B/34, P.P.C. Resultantly, there is no merit in the instant constitution petition and the same is dismissed. HBT/T-17/Sindh Petition dismissed.