Saturday 31 August 2013

Quashment of FIR through a Writ Petition


PLJ 2012 Lahore 393
Present: Rauf Ahmad Sheikh, J.
Mst. KANEEZ FATIMA--Petitioner
versus
STATION HOUSE OFFICER, P.S. SOUTH CANTT, LAHORE and 5 others--Respondents
W.P. No. 7085 of 2011, decided on 22.11.2011.
Constitution of Pakistan, 1973--
----Art. 199--Pakistan Penal Code, (XLV of 1860), S. 496-A--Constitutional petition--Petitioner refuted allegation of abduction--Statements with their free consent--No objection on acceptance of petition--Abductee stated that no body had abducted her and she had contracted marriage with her free consent--Validity--Commission of offence as was alleged in FIR was not made out--Petition was accepted and FIR was quashed.          [P. ] A
Mr. Shahid Rafique Meo, Advocate learned-counsel for Petitioner and petitioner in person.
Mr. Iftikhar-ur-Reahid, AAG and Aslam, ASI along with record.
Mr. Safdar Masih, Complainant in person.
Date of hearing: 22.11.2011.
Order
A meeting of Mst. Kaneez Fatima with Safdar Masih has been arranged. They state that they will make the statements with their free consent. Let their statements be recorded on separate sheets.
                                                                                 Sd/-
                                                                    Rauf Ahmad Sheikh
                                                                                Judge
22.11.2011 Presence as above.
The complainant states that he has no objection on acceptance of this writ petition. Mst. Kaneez Fatima states that no body had abducted her and she has contracted marriage with Ghulam Mustafa with her free consent. Their statements have been recorded. The petitioner is mother of an infant and according to her she is leading a happy married life. She refuted the allegation of her abduction. The complainant has no objection on acceptance of this petition. The commission of offence as is alleged in the FIR is not made out. The petition is accepted in FIR No. 867/2010, dated 12.8.2010, under Section 496-A PPC, Police Station, South Cantt, Lahore is hereby quashed.
(R.A.)  FIR Quashed