2018 P Cr (PLP)
QAYUM NAWAZ and others — Petitioners. Versus DISTRICT POLICE OFFICER, D.I. KHAN and others — Respondents
| Citation | 2018 P Cr (PLP) |
| Forum / Court | Peshawar (D.I. Khan Bench) |
| Bench Members | N/A |
| Parties | QAYUM NAWAZ and others — Petitioners. Versus DISTRICT POLICE OFFICER, D.I. KHAN and others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2018 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 P Cr (PLP)?
The case was heard and decided by the Peshawar (D.I. Khan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 P Cr (PLP) (QAYUM NAWAZ and others — Petitioners. Versus DISTRICT POLICE OFFICER, D.I. KHAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ahmad Ali Khan Marwat and Miss Shumaila Awan for Petitioners.
- Bahadar Khan Marwat and Kamran Hayat Khan Miankhel AAG for Respondents.
Headnotes / Summary
Ss. 496-A & 109
Enticing or taking away or detaining with criminal intent a woman, abetment
Quashing of FIR
Scope
Complainant had alleged that accused enticed away her daughter for the purpose of committing Zina along with gold ornaments weighing 04 tolas and cash amount of Rs. 96,780/- at the behest of co-accused persons
Record showed that FIR constituted commission of a cognizable offence and for reaching to a correct conclusion, proper investigation, inquiry and pro and contra evidence was required to be recorded by the court of competent jurisdiction
Allegedly, abductee had entered into marriage with accused of her own free will and she appeared before the Judicial Magistrate and got recorded her statement under S. 164, Cr.P.C.
Said statement of alleged abductee was recorded in the absence of the complainant party, which was yet to be cross-examined
Constitutional petition being unjustified on account of having no substance was dismissed and quashment of FIR was declined.
Judgment & Decree
SHAKEEL AHMAD, J.
Through this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners Qayum Nawaz and 04 others seeking quashment of FIR No.204 dated 13.8.2016 registered under sections 496-A/109, P.P.C. at Police Station Yarik, D.I. Khan.
2. Brief facts of the case are that on 15.7.2016, the complainant/respondent No.4 Amanullah lodged a written report at Police Station Yarik to the effect that in the night between 20/21.03.2016, accused Atiqullah enticed away her daughter Asma Aman for the purpose of committing Zina along with gold ornaments weighing 04 tolas and cash amount of Rs.96,780/- at the behest of accused Shafiullah, Master Attaullah sons of Inayatullah, Inayatullah son of Habibullah, Mst. Sakina Bibi wife of Inayatullah, Mst. Samina daughter of Inayatullah and Qayum Nawaz son of Rabnawaz.
3. It is argued by the learned counsel for the petitioners that Mst. Asma Aman had entered into marriage with accused Atiqullah of her own free will on 21.3.2016 and to this effect her statement was recorded under section 164, Cr.P.C. before the learned Judicial Magistrate-II, D.I. Khan on 25.8.2016, wherein she refuted the allegations of her abduction; that the whole family has been roped with mala fide intention; that on the face of it, the FIR is false and frivolous. He prayed for quashment of FIR.
4. On the other hand, the learned Addl: A.G. representing the State and the learned counsel appearing on behalf of the respondent/ complainant jointly argued that on the face of it, the petitioners have committed a cognizable offence and the contentions raised by the learned counsel for the petitioners can only be adjudicated upon after recording pro and contra evidence and prayed for dismissal of the writ petition.
5. Arguments heard and record perused.
6. Perusal of the record reveals that the contents of FIR constitute commission of a cognizable offence and for reaching to a correct conclusion, proper investigation, inquiry and pro and contra evidence is required to be recorded in the Court of competent jurisdiction.
7. Coming to the contention of the learned counsel for the petitioners that the alleged abductee has entered into marriage with accused Atiqullah of her own free will and she appeared before the learned Judicial Magistrate and got recorded her statement under section 164, Cr.P.C., this was recorded in the absence of the respondent/complainant party, and this statement, is yet to touch the taste of cross-examination. Therefore, in these circumstances the entertainment of this petition is unjustified on account of having no substance in it. In this respect we are fortified by the judgment of the apex Court in case reported as "Bashir Ahmad v. Zafer-ul-Islam" (PLD 2004 SC 298) and "Sher Afgan Khan Niazi v. Ali Habib and others" (2011 SCMR 1813).
8. For what has been discussed above, the writ petition being bereft of merit is dismissed. JK/155/P Petition dismissed.