2007 P Cr (PLP)

KHAWAJA MUHAMMAD SHARIF, J.

Report from the office of the Director F.I.A. (Technical), Headquarters, G-9/4, Islamabad has been received and perused, it reads as under: "The examination of the documents under DES (Documents Examination System) has revealed that the questioned Urdu signatures now marked as "Q" on the Nikahnama does not tally in characteristics such as formation and design as compared to the specimen signatures now marked as S/1 to S/4 of Mst. Hafizan Bibi."

2. Learned counsel for the respondent Aamer has placed on record an alleged affidavit of the alleged Nikah Khawan Ziaur Rehman to contend that the said Nikah Khawan did not perform the Nikah of both the petitioners i.e. Hafizan Bibi and Muhammad Ashiq. Further contends that the said Nikah Khawan should be summoned by this Court and his statement be recorded. Then, he has produced a photostat copy of an affidavit allegedly made by Hafizan Bibi dated 10-10-2006 to the effect that she wanted to marry Ashiq. He has also placed on record a photostat copy of the Nikah Nama between Ashiq and Hafizan Bibi to the effect that their Nikah was performed on 15-8-2006. To sum up the submissions, learned counsel for the complainant vehemently contends that in the above situation, Hafizan Bibi should not have sworn affidavit of dated 10-10-2006.

3. The learned Additional Advocate-General, Punjab Ch. Muhammad Hanif Khatana submits that the report received from the office of the Director F.I.A. (Technical), Headquarters, G-9/4, Islamabad is against Aamer respondent and Nikahnama of Hafizan Bibi with the said Aamer has been found to be false and fabricated one. Adds that both the petitioners i.e. Hafizan Bibi and Muhammad Ashiq are present in Court and have admitted their Nikah, they are sui juris, so there is no value of the alleged Nikahnama of Hafizan Bibi with Aamer respondent. He has no objection to the acceptance of this petition.

4. Heard. Court has to see whether the alleged abductee and her alleged husband are sui juris or not. Both the petitioners i.e. Hafizan Bibi and Ashiq are present in Court, have admitted their Nikah and admittedly are sui juris. I have noted in many cases of the similar nature, like the one in hand, that whenever a sui juris girl contacts marriage with a man of her choice without the wishes of her parents, false criminal cases are registered against the couple after having prepared false Nikahnamas of a date prior to the date of the said Nikah. It is definitely done with the active connivance of the complainant party with the police. Similar is the position, in the instant case. In order to reach at a just conclusion of the case. I had sent specimen signatures of Hafizan on the alleged Nikahnama with Aamer respondent which, according to the report of the office of the Director F.I.A. (Technical), Headquarters, G-9/4, Islamabad, have been found to be false and fabricated one, so, the said alleged Nikahnama of respondent Aamer with Hafizan Bibi is declared as a bogus one. Both the petitioners i.e. Hafizan Bibi and Muhammad Ashiq are present in Court and have admitted their Nikah with each other and further submitted that they are sui juris which factum of majority of the petitioners has not even been denied by the complainant/respondent side. In the afore-referred circumstances and as the learned Additional Advocate-General, Punjab Ch. Muhammad Hanif Khatana has no objection to the acceptance of this petition, this Court is of the affirmed view that continuation of the criminal proceedings initiated pursuant to the registration of the impugned F.I.R. would be an abuse of the process of the Court, therefore, this petition is allowed and the impugned F.I.R. is hereby quashed. N.H.Q./H-10/L??????????????????????????????????????????????????????????????????????????????????? Petition allowed.