1995 P Cr (PLP)
Mst. RUQAYYA BIBI and another — Petitioners Versus THE S.H.O., POLICE STATION BHAI PHERU (PHOOLNAGAR) and 2 others — Respondents
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. RUQAYYA BIBI and another — Petitioners Versus THE S.H.O., POLICE STATION BHAI PHERU (PHOOLNAGAR) and 2 others — Respondents |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 P Cr (PLP) (Mst. RUQAYYA BIBI and another — Petitioners Versus THE S.H.O., POLICE STATION BHAI PHERU (PHOOLNAGAR) and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Humayun Muahid Bhatti for Petitioners.
- Shaista Kaiser and Abdul Aziz Qureshi for Respondent No.3.
Headnotes / Summary
S. 11
Constitution of Pakistan (1973), Art.199
Quashing of F I.R.-- Investigating Officer after concluding the investigation of the case had submitted a report to the effect that both the accused had contracted Marriage and were living as husband and wife and that the case against them as teeing cancelled
Accused had also stated in Court that they had voluntarily contracted Nikah and were living satisfactorily as husband and wife
Male accused in order to reiterate the genuineness of the matrimonial bondage produced an undertaking in Court whereby he enhanced the amount of dower to Rupees one lac in favour of female accused
F.I.R. registered against the accused under S.11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was quashed in circumstances.
Judgment & Decree
Writ Petitions Nos.13466, 1081.7, 12508, 13222 of 1994 and Criminal Miscellaneous No.1015/H of 1994 are connected matters, between the same parties and are with regard to the dispute of marrying Mst. Ruqayya Bibi with Muhammad Aslam, therefore, I propose to dispose of all these matters by a single order.
2. Brief facts of the case are that Mst. Ruqayya Bibi aged about 18 years contracted Nikah with Muhammad Aslam on 22-8-1994 and they started living together as wife and husband. Mst. Ruqayya Bibi filed Writ Petition No.10817 of 1994 in this Court seeking protection of the Court. On 20-9-1994, this Court called parawise comments from the S.H.O. and directed that both the spouses shall not be arrested.
3. Writ Petition No.12508 of 1994 was filed by Nazir Ahmad (uncle of Mst. Ruqayya Bibi) which was placed before me on 23-10-1994. -In this writ petition I called parawise comments and report from the S.H.O. It is significant to mention that at the time of arguments of this writ petition, it was not brought to the notice of the Court that an earlier order has been passed on the same subject on 20-9-1994 by another learned Judge. Thereafter, Writ Petitions Nos. 13222 of 1994 and 13466 of 1994 were tiled by Mst. Ruqayya Bibi for the quashment of the case registered' at Police Station Bhai Pheru. Under the order of My Lord, the Chief Justice, all these connected matters were directed to be placed before me for disposal.
4. The Inspector was asked to record the statements of Mst. Ruqayya Bibi and Muhammad Aslam and conclude the investigation. The S.H.O. Police Station Bhai Pheru after concluding the investigation of the case, submitted a report mark B stating therein that Mst. Ruqayya Bibi and Muhammad Aslam have contracted marriage and are living as wife and husband and that the. -case A is being cancelled. Mst. Ruqayya Bibi and Muhammad Aslam stated in Court that they have voluntarily contracted Nikah and are living satisfactorily as wife and husband. To reiterate the genuineness of the bondage, Muhammad Aslam produced in Court an undertaking mark A whereby he enhanced the amount of dower to Rupees one lac in favour of Mst. Ruqayya Bibi.
5. In this view of the matter, case F.I.R. No.567/94, dated 26-10-1994 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Bhai Pheru (Phoolnagar), District Kasur is 13 hereby quashed and the writ petition is accepted with no order as to costs. Consequently, Writ Petition Nos.10817, 12508, 13222 of 1994 and Criminal Miscellaneous 1015/H of 1994 stand disposed of. N.H.Q./R-176/L F.I.R. quashed.