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Official Citation: 2024 SHC 141
Court / Jurisdiction: Sindh High Court
Petitioner: Const. P. 3542/2024 (D.B.) Sindh High Court, Karachi - Muhib Ali Unar & another (Petitioner)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 141. In this matter between Const. P. 3542/2024 (D.B.) Sindh High Court, Karachi - Muhib Ali Unar & another (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Const. P. 3542/2024 (D.B.) Sindh High Court, Karachi CITATION: 2024 SHC KHI 119 PARTIES: Muhib Ali Unar & another (Petitioner) ORDER DATE: 30-OCT-24 BENCH: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI CP No. D-3542 of 2024 (Muhib Ali Unar & Reshma v Province of Sindh & others) Date Order with signature of Judge
Before:- Mr. Justice Salahuddin Panhwar Mr. Justice Adnan-ul-Karim Memon
Date of hearing and order:- 30.10.2024
Mr. Nadeem Ali Abbasi advocate for the Petitioners. Mr. Mumtaz Ali Shah APG. Mr. Jan Muhammad Khuro AAG along with ASI Qadir Bux Joyo IO PS Lashari District Larkana.
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O R D E R
Adnan-ul-Karim Memon, J: Petitioner Muhib Ali Unar and Reshma have approached this court, seeking direction to the police officials not to cause harassment to them at the behest of private respondents No. 9 to 13, they also seek annulment of FIR No. 32 of 2024 registered for offen ses under section 452,365-B, 148,149 PPC of PS Lashari, District Larkana.
2. Petitioners are present with their counsel. It is inter alia submitted that Petitioner No.2 Mst. Reshma had contracted marriage with Petitioner No. 1 Muhib Ali a gainst the wishes of her parents. It is further contended that the father of the petitioner was unhappy with such a marriage and he approached SHO PS Lashari, Larkana where FIR No. 32 of 2024 registered for offen ses under section 452,365-B, 148,149 P PC w as lodged against petitioner No. 2. Petitioner No.1 apprehends that petitioner No.2 and his relatives may be arrested by the police in a false case. The petitioners relied upon the statement dated 25.06.2024.
3. Statement of Mst. Reshma has be en recorded by the Investigating Officer wherein she claims that she is an adult and neither she has been abducted by anyone else nor coerc ed by petitioner No. 1 however she has contracted valid marriage with petitioner No.2 and the FIR lodged by her father respondent No. 9 is false and fabricated one which may be quashed.
4. The learned AAG and APG submitted that the case in hand has been disposed of under C Class as such no further action is required on the part of this court.
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5. We have heard the learn ed counsel for the parties present in court and perused the record with their assistance.
6. The petitioners, a married couple, were married against their parents' wishes. The wife's family filed a false police report against the husband, leading to fears of his arrest , which is illegal. The petitioners seek legal protection against potential harassment and unlawful demands. The police officers state that a final report has been submitted to the Magistrate for closure of the case. The complainant does not dispute this. The petitioner's lawyer requests that the Magistrate be directed to decide on the final report and that the police pro tect the petitioners regarding their marriage. The lawyer also requests that the complainant be restrained from harassing the petitioners.
7. The petition is disposed of with a direction to the investigating officer to inform the Magistrate about the Court's order to close the case. The Magistrate will then decide on the in terms of statement of the victim girl, the police must protect the petitioners and ensure they are not harassed.
8. In view of the above, this Constitution al Petition is disposed of. JUDGE JUDGE
Shafi