2008 PLP 2425 (YLR)

SALAMAN ANSARI, J.

This is an application under section 561-A Cr.P.C. F.I.R. in this case was registered at Police Station, Sarhari on 25-8-2007 by the complainant Abdul Hameed, brother of Mst. Zeenat Fareeda, alleging that the applicant No.2, Mohabbat Khan, Ghulam Hussain both sons of Miro Talpur, Shaman, Manthar and Mst. Minzadi had come to their house on 19-8-2007 at about 1330 hours and on show of weapons had taken away Mst. Zeenat alias Fareeda and a case under sections 365-B, 147, 148, 149, 109 P.P.C. was registered against the accused. Therefore both the applicants Nos.1 and 2, fearing for their lives came to Karachi and have filed this application under section 561-A Cr. P. C. praying for quashment of the F.I.R. No.19 of 2007. Heard the learned counsel for both the applicants who has argued that both the applicants are married by consent and a false case has been registered against them by the complainant. The learned counsel has produced two orders of the High Court one dated 13-6-2007, in which it was decided by Justice Muneeb Ahmed Khan, as under: "In the circumstances and after noticing that the case has been registered for kidnapping and threat under section 365-B Cr.P.C. and the star witness in this case would be applicant No.2, who, now is totally going contrary to the factual position of the F.I.R. and any exercise on the basis of the said F.I.R. will be an exercise in futility. In the circumstances the F.I.R. has no support or value in the eyes of law hence is quashed and application is allowed." And in order dated 21-9-2007, passed in Criminal Miscellaneous Application No.158 of 2007, by Justice Mrs. Qaiser Iqbal, as under: "Having regard to the above factual and legal position, I am of the view that the continuation of the criminal proceedings against the applicants is an abuse of process of law and consequently F.I.R. No.123 of 2007 under section 365(b) stands quashed. In the result the application filed by the applicants under section 561-A Cr.P.C. is allowed." The statement of Mst. Zeenat alias Fareeda, recorded during the proceeding in which she has stated that she had married with Mohabbat Khan on her own free-will, she being a major was not coerced, or forced in any manner to enter into this marriage and she had left for Karachi fearing for her life with her husband Mohabbat Khan and filed this application under section 561-A Cr.P.C. Learned State Counsel, Ms. Afsheen Aman, has stated that if in the statement Mst. Zeenat alias Fareeda shows willingness to go with Mohabbat Khan and admits marriage with him, she may be permitted to leave with her husband. Having heard the arguments of the learned counsel for the applicants and the learned State Counsel and perusing the statement of Mst. Zeenat alias Fareeda, who willingly and on her own free will entered into marriage with the applicant Mohabbat Khan and Mst. Zeenat being the main witness of the case, in my opinion case of kidnapping, abduction and inducing Mst. Zeenat is contrary to the facts as alleged in the F.I.R. I therefore, after coming to the conclusion that the F.I.R. is based upon false grounds, in view of the statement of Mst. Zeenat and as such has no support or value in the eyes of law, hence I allow the application under section 561-A Cr. P. C. and quash the F.I.R. No. 19 of 2007 and the proceedings initiated thereon. Order accordingly. H.B.T./Z-16/K F.I.R. Quashed.