2004 P Cr (PLP)

Ch. Muhammad Jamil for Petitioner. Syed Hashmat Hussain Naqvi for the State. This is a petition for quashment of F.I.R. No.339, dated 21-12-2002 registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Qutabpur, Multan.

2. As per allegation in the F.I.R. on 18-12-2002 when the complainant and his wife returned home after day's work, they found that their daughter was missing and on inquiry, they were told that one Mst. Saira, daughter of Manzoor alongwith Nadeem and Sabir had taken away Mst. Afshan Perveen on a motorcycle rickshaw for the purpose of committing Zina.

3. Learned counsel for the petitioner has contended that petitioner has contracted marriage with Muhammad Nadeem on 6-12-2002 according to the Injunctions of Islam. Nikahnama is duly registered hence no offence has been committed by the petitioner and her husband. Further submits that petitioner had filed Writ Petition No.21707 of 2002- against -the S.H.O. Police Station Ferozewala seeking a direction not to cause harassment to the petitioner and her husband wherein she had categorically taken a stand that she being sui juris and had contracted marriage with Nadeem of her own accord and free-will; that according to a certificate issued from the Office of-M.S. D.H.Q. Hospital No. 1, Lahore, dated 3-1-2003, the age of the petitioner is about 17 years and also in a certificate issued by the panel of three specialists; the 'opinion is that as per her X-Ray report, she is about 17/18 years of age. 4: Conversely, learned counsel for State has opposed this petition and submitted that petitioner is under age. 5.. In my opinion, the petitioner is a sui juris and has reached the age of majority. The medical report had disclosed that her age is about 17/18 years. As she being sui juris had lawfully married a person of her own choice of her own accord and free-will and no offence as alleged in the F.I.R. is made out. Conviction of the accused in the circumstances; is not. possible and continuance of investigation under these circumstances against the petitioner and other co-accused will simply 'amount. to unnecessary harassment. The prosecution of the petitioner and her husband amounts to mala fide, action on the part of the Investigating Agency in collusion with the complainant party and is just to harass the petitioner and her husband. Law does not prohibit a sui juris girl from marrying a person of her own choice and living them a legally-wedded wife as husband and wife. This is their Constitutional guarantee and it cannot be taken away by anyone. It is the duty of the State to protect the marriage, the family, the mother and the child. I have gone through the citations cited at the bar. This Court in a Constitutional/ jurisdiction can interfere in the larger interest of justice and can quash the criminal investigation if it comes to the conclusion that continuance of the criminal, investigation will not serve any purpose.

6. In view of what has been discussed above, this petition is allowed and F.1.R. No. 339, dated 21-12-2002 registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979IB at Police Station Qutabpur, Multan, is hereby quashed. H.B.T./A-992/L Petition allowed.