Mst. Sumaira Bibi vs State art — 2026 PCrLJ 477 KARACHI-HIGH-COURT-SINDH

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Mst. Sumaira Bibi VS State art. 199---Constitutional petition---alternate remedy---Principle---Rule of alternate remedy is a rule of convenience and prudence rather than one of compulsion---Ordinarily, availability of adequate and efficacious statutory remedy persuades High Court to decline exercise of its extraordinary Constitutional jurisdiction under art.199 of the Constitution but such principle admits of recognized exceptions. Citation Name: 2026 PCrLJ 477 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Sumaira Bibi VS State Ss. 364-a, 365-B, 452, 506-B, 148 & 149---Prevention of Trafficking in Persons act (XXXIV of 2018), S. 3---Constitution of Pakistan, art. 199---Constitutional petition---abducting to compel for marriage, house trespass, criminal intimidation, rioting armed with deadly weapons and trafficking in persons---Quashing of FIR---Petitioner sought quashing of FIR registered against her husband for entering into marriage after abducting her---Validity---Petitioner was star witness of prosecution who in her statement recorded under S.161, Cr.P.C., categorically denied any abduction, coercion or lack of consent in her marriage to her husband---Petitioner affirmed that she was a major and had contracted marriage at her own in accordance with Shariat-e-Muhammadi---No material was placed on record to contradict such voluntary statement of petitioner---Investigating Officer did not produce any independent evidence, ocular or circumstantial, to supportgrave accusations under Ss.365-B, 364-a, 452, 148, 149, 506-B, P.P.C. and S.3 of Prevention of Trafficking in Persons act, 2018---Continuation of such proceedings on the basis of a false narrative would amount to an abuse of the process of law---First Information Report registered against husband of petitioner was devoid of lawful foundation which was the product of mala fides and had constituted manifest abuse of process---High Court in such exceptional circumstances quashed the FIR along with its subsequent proceedings---High Court restrained respondents from causing any harassment to petitioners or their families---High Court directed the authorities to ensure effective protection to the lives of petitioners---Constitutional petition was allowed, in circumstances.

Mst. Sumaira Bibi vs State art — 2026 PCrLJ 477 KARACHI-HIGH-COURT-SINDH

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