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Criminal Miscellaneous No. 157/Q of 1975, decided on 7th May 1976.

‑‑ S. 561‑A‑Quashment of proceedings‑Complaint filed in a Court at place M other than usual and ordinary place of residence of parties‑Girl allegedly detained in wrongful confinement by petitioners controverting allegations in her affidavit‑Proceedings quashed, in circumstances.

Arif Iqbal Hassain Bhatti for Petitioners.

Maqbool Hussain Shah for the State.

Nemo for Respondent No. 2.

Date of hearing : 7th May 1976.

This petition is filed by Mst. Eidan Begum, Ghulam Qadir and Mst. Shafqat alias Bubli for the quashment of the proceedings in the complaint filed by Muhammad Akram respondent No. 2 for the offence under sec tion 342, P. P. C., pending in the Court of Mr. Shaukat Javed Farooqi, Magistrate First Class, Chunian.

2. It is alleged in the complaint by the respondent that Mst. Eiden Begum had promised to marry her daughter Mst. Shafqat to him and she also obtained Rs. 5,000 from him as marriage expenses. But later she backed out of the agreement. Thereafter, she tried to persuade her daughter to lead an immoral life to which she did not agree and eventually she went to live with the respondent. Some time back she was taken away by the petitioners and was now confined in a house situated in Ward No. 7, near the Imam Bara in Pattoki. An application for issuing warrants under section 100, Cc. P. C. was also made and the Court on 11‑3‑75 issued warrants for the recovery of Mst. Shafqat. Hence this petition.

3. It was contended that neither the petitioners nor the respondent reside at Pattoki and that the Court at Chunian had no jurisdiction to take cognizance in the matter. It was next contended that the complaint was filed at Chunian to harass the petitioners. It was further argued that Mst. Shafqat has filed an affidavit that she was living with her parents of her own free will and was not being detained by them. I have considered the matter. On the last date of hearing i.e., on 14‑4‑1976, Mohammad Akram respondent appeared and sought adjournment in the case because he desired to engage a counsel. The case was called several times during the day, but he has not appeared. In view of his failure to appear in this Court today, coupled with the circumstance of the case mentioned above, this petition is accepted and proceedings against the petitioners in the complaint of the respondent pending in the Court of Mr. Shaukat Javed Farooqi, Magistrate, First Class, Chunian, are quashed.

Proceedings quashed.

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